Refusing a Roadside Breath Test in South Australia
Driving under the influence of alcohol is a serious offence in South Australia and law enforcement officials actively enforce drink driving laws to ensure road safety. One of the key tools used by the police is the roadside breath test.
In South Australia, it is a legal requirement for drivers to submit to a preliminary breath test if requested by a police officer. Refusing to take a roadside breath test is considered a separate offence under the Road Traffic Act 1961.
If a driver refuses to submit to a roadside breath test when requested by a police officer, they may be arrested and taken to a police station where they can be required to submit to a breath analysis or a blood test. If the driver refuses to submit to a breath analysis or blood test at the police station, they can be charged with refusing to submit to a breath analysis or blood test.
There are two main charges related to refusing a breath test in South Australia:
The penalties for refusing a breath test in South Australia vary depending on the nature and severity of the offence. Penalties may include:
Consequences of Conviction
A conviction for refusing a breath test can have long-lasting consequences, including:
There are several possible defences to charges of refusing a breath test, including:
Refusing a roadside breath test in South Australia is a serious offence with significant consequences. Understanding the offence, police procedures, court processes, and potential consequences is crucial for anyone facing charges related to refusing a breath test. It is always recommended to seek legal advice to navigate the legal system effectively and ensure your rights are protected.