Refuse Breath Analysis - Robert Hoyles - solicitor

Published 10 Dec 2011

Well done to you Rob. It did not take the Magistrate long to work out who was telling the truth. Love your work.

This offence carries the same penalties as High Range Drink Driving – a fine of up to $3,300 for a first offence, the potential of imprisonment and an automatic disqualification period of 3 years. Police have the right to demand that a person take part in a breath analysis in certain circumstances. Police cannot take an analysis more than 2 hours after the driving. If the police roadside equipment is faulty, they do not have the right to arrest you and demand an analysis. A roadside test in your own driveway is illegal and a consequent breath analysis is therefore also illegal.