Can I Refuse A Breath Test?9 January 2024 in Traffic Law
Can I Refuse A Breath Test?
No. Refusing to submit to a breath test is an offence and brings with it a maximum penalty of 10 penalty units (first offence). The offence is set out in Clause 16, Schedule 3 of the Road Transport Act 2013 which states a person must not, when asked by a police officer, refuse or fail to submit to an oral fluid test or sobriety assessment.
What Is An “Oral Fluid Test”?
The Act defines an oral fluid analysis as a test carried out by an approved oral fluid testing device for the purpose of determining whether any prescribed illicit drugs are present in that person’s oral fluid.
What Constitutes an Approved Oral Fluid Testing Device?
An approved oral fluid analysing instrument, as defined by the Act, is any instrument that:
- Is designed to detect the presence of any prescribed illicit drug in a person’s oral fluid.
- Adheres to the standards specified by the statutory rules for such a device.
- Has received approval from the Governor.
What Qualifies as a Prescribed Illicit Drug?
Section 4 of the Act enumerates the prescribed illicit drugs, including:
- Marijuana (also known as delta-9-tetrahydrocannabinol).
- Speed (also known as methylamphetamine).
- Ecstasy (also known as 3,4-methylenedioxymethylamphetamine).
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