What constitutes a fail to submit to breath analysis?
A “breath analysis” is a procedure that is undertaken by Police at the Police station, following your arrest for a DUI related offence. This comes after the initial roadside or RBT station “breath test”, which is generally conducted soon after you have been stopped on suspicion of DUI.
If the initial breath test reading dhows that your blood alcohol content is above the legal limit, the Police can arrest you and take you to the Police station for a full ‘breath analysis’. It is there that you are required to breathe into the breath analysis machine.
If you refuse to do so, or fail to provide a sufficient sample, you will be charged for failing to submit to breath analysis.
What if I tried to breathe into the machine but just couldn’t provide a sufficient sample?
If you say you made a serious attempt to provide a sufficient sample, but could not do so, the Police will ask for proof. You will have to provide medical evidence that you have a health condition or illness that may have prevented you from providing a sufficient breath sample.
The Police will usually give you a few opportunities to provide a sufficient sample, and if you fail to do so after given the opportunity, you will be charged.
Will I get a criminal conviction if found guilty of fail to submit to breath analysis?
It is likely that you will receive a criminal conviction for fail to submit to breath analysis.
What is the likely penalty for fail to submit to breath analysis?
If it is your first major traffic offence, it is likely that you will receive a fine and a disqualification period. The disqualification periods that apply to High Range Drink Driving offences apply to fail to submit to breath analysis offences as well. That means that the minimum period of disqualification is 12 months, while the automatic period is 3 years
Will I go to jail for fail to submit to breath analysis?
Unless you have an extensive record for DUI type offences, it is unlikely you will go to jail for this offence. However, if the offence is very serious in it’s nature, for example if there was a serious accident where someone was injured, a jail sentence may be imposed.
As always, if you have been charged with fail to submit to breath analysis, you should call LY Lawyers on 1300 595 299 immediately, to arrange a free consultation with one of our drink driving lawyers.