Can i refuse a roadside breath test

They always talk about. Read More. BACtrack is the leader in breathalyzers, offering a full range of innovative breath alcohol testers for both personal and professional use. All Rights Reserved. Privacy Policy Terms of Service. BACtrack Trace. BACtrack Element. BACtrack Go. BACtrack Keychain. Compare Breathalyzers Compare All. Social Responsibility. Linda Coulter August 26, This is obviously based on American law — so who knows what possible bearing it could have in Canada.

Refuse Roadside Breath Test. Overview Case Studies Articles. Offence provisions Refusing a roadside breath test or failing to submit to a breath analysis is an offence under schedule 3, clause 16 of the Road Transport Act What does it mean to refuse a breath test or analysis?

Licence suspension If you are charged with refusing a breath test or analysis, the police can suspend and confiscate your licence within 48 hours of the charge being issued. Frequently Asked Questions.

In which court will charges for refusing a breath test or analysis be heard? Refusing breath test or analysis charges are heard at a Local Court before a magistrate. How serious are the charges? Will I lose my licence? When can I legally refuse a roadside breath test or analysis?

Police cannot require you to submit to a test or analysis if: You are on your property at the time. It has been more than two hours since you last drove, or attempted to drive a vehicle.

It would be dangerous for you to undertake a breath test or analysis due to injuries or medical concerns. You have been admitted to hospital; unless your medical practitioner has been advised and does not object. See all Civil Law Victoria. Civil Law Western Australia. See all Civil Law Western Australia. See all Family Law. What is Property Settlement? What is International Child Abduction?

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