SA Drink Driving Refuse Breath Analysis

When the police stop a motorist randomly on the road and asks for a saliva or breath sample to be tested for drugs and for alcohol, the driver must comply.

A charge for a serious traffic offense means automatic and immediate license cancellation by the police. This is apart from the demerit points the driver will incur, the period of disqualification to be imposed by the court and the penalty of being enrolled in the alcohol interlock scheme.

There are only very limited circumstances when you can claim that you were unable to provide a breath sample. For example, if you intend to plead not guilty on the basis that you had a medical condition that prevented you from being able to provide a breath sample, you will need to have had a blood test done instead. You will also need to provide to the court a medical report that says you were unable to blow because of your medical condition.