Refuse Breath Test

Refusing a breath test in Victoria carry very serious mandatory penalties which can include fines, loss of licence, alcohol interlock devices and even jail.

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Do I have to be breath tested?

Police can request a breath test from any person they find driving or in control of a motor vehicle or who they believe has been driving a motor vehicle in the last 3 hours.

Refusing a breath test can occur when someone refuses outright to take the test, or when they fail to provide a proper sample after numerous requests.

Will I lose my licence?

If you plead guilty or are found guilty of refusing a breath test, the simple answer is yes, you must lose your licence. It is mandatory. For a first offence it is 2 years, for a subsequent offence it is 4 years.

There are no exceptions and no special licences that you can get to drive during this time. They don’t exist. 

Call for specific advice about your drink driving case.

Talk To An Experienced Traffic Lawyer

Get in direct contact with Jessica Wilkinson now, and receive expert advice on how to deal with your case