Refusing a breath analysis is considered a drink driving offense.

Refusing a breath analysis is considered a drink driving offense. It is always and will always be associated with drink driving. Mere refusal to undergo breath analysis for alcohol test without valid reason or fail the breath analysis test or resist the directive of the police officer to submit to a breath analysis test is considered a crime under the Australian law.

To refuse a breath analysis for alcohol is the same crime as driving under the influence of liquor or drugs. To be liable for the offense of refusing a breath analysis test, that person must be driving a motor vehicle on a public road and has undergone the preliminary test conducted on the road side when stopped and then refused to undergo a further breath analysis test or failed to provide sufficient sample when further required without valid reason.

It will not stand as a defense in refusing the breath analysis test the invocation of the right to have a lawyer or there will be a need of lawyer’s presence in taking the breath analysis test. It is a serious offense to refuse the breath analysis test for alcohol content. And the penalty imposed on those found guilty of this offense is the same as that applied to high range prescribed concentration of alcohol drink driving. Criminal conviction is very much possible and will be written against the offender’s name.

It is a wrong strategy for those who wanted to avoid conviction on other traffic offenses or get a lesser penalty, will resort to refusing a breath analysis test without knowing that the penalty for this is also as severe as the other offense they are trying to avoid especially if they were fully aware that they have exceeded the legal limit of the BAC for the kind of driver license they are holding.

However, the power of the police authorities to conduct breath analysis test for alcohol is not absolute. There are certain restrictions on this power which are as follows, to wit: when the arrested person is injured and the test is maybe dangerous to his condition, or the person is at home and it is two hours or more since he drove or attempted to drive a motor vehicle. In this case, the person may still be charged with driving under the influence of drug or alcohol but cannot be charged with the offense of prescribed concentration of alcohol.

If you are charged with drink driving offences and you have a previous proven offences, it is recommended that you seek legal assistance. This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. Criminal Lawyers Brisbane , Criminal lawyers Sydney ,Criminal lawyers Melbourne,criminal lawyers Perth, Criminal lawyers Newcastle,Criminal lawyers Gold Coast