Page updated on: Friday April 23, 2010
Andrea had dinner and shared a bottle of wine at a restaurant with a friend. As she was driving home, the Police stopped her at a checkpoint. She winds down her window and is asked to speak into the “sniffer”. Since she’s not sure if she’ll be over the limit, she panics and refuses to do this. The Police officer then asks her to accompany him to the Police station to give an evidential breath test.
At the station she is unable to provide a breath sample as she is so upset. The Police officer requires her to give a blood test. She refuses to do this as she says she is scared of needles. She is charged with refusing to give blood.
Offence:
Failure or refusal to permit blood specimen to be taken – section 60 of the Land Transport Act 1998
It is an offence to fail or refuse to permit a blood specimen to be taken after having been required to do so by an enforcement officer. It is an offence to refuse to give blood even if you might not have been above the legal limit.
Penalty:
The penalty for this charge depends on whether you have been previously convicted of drink driving offences or refusing to give blood. If this is the first or second time you have been convicted of this charge, the maximum penalty is imprisonment of up to 3 months or a fine of up to $4500. The Court must disqualify you from driving for 6 months or more.
If this is the third or more time you have been convicted of this (or of drunk driving, driving while under the influence of alcohol or drugs), there is a maximum penalty of 2 years in prison and a $6000 fine. The court will order you to be disqualified from holding a drivers licence for at least a year and a day. Your car will usually be confiscated also.
In addition, the Police officer must suspend your licence for 28 days on the spot any time you refuse to give blood.
Likely sentence:
Andrea will be disqualified from driving for six months. This is in addition to the compulsory 28 day suspension she got on the night she was arrested. She is likely to be fined around $500-800 and ordered to pay court costs of $130.
Special notes:
Had Andrea already been convicted of drink driving in the last four years, the court must confiscate her car (unless she can prove there would be extreme hardship to herself or undue hardship to another person). The car will be confiscated and sold at public auction. The proceeds are used to cover the costs of the sale, then any money she owes on the car will be repaid, along with any court fines owing. The rest will be paid back to Andrea. She would also be unable to own a car for twelve months after the conviction. To avoid confiscation, an accused should sell their car before the enter a guilty plea and face sentencing.