If someone is convicted of failing on the street and at the police station to provide a sample?

Question

(breath or blood) what is the likely penalty. This would be a second offence this year for similar charge.

(breath or blood) what is the likely penalty. This would be a second offence this year for similar charge.

To clarify this was a second drink related offence. My mate who is in court next week was found not guilty for drink driving as he was on private land but did get a community order for resisting arrest the first time round. This timne he was already at home but had had to leave his car on the road after hitting a tree. he claims he only drank after he returned home and for the two hours before the police came to him.

Answer 1

Failing to provide a sample will result in a minimum 12 month ban. The reason being that people think they are getting away with giving a sample. In this way they are not.

If you were caught again then surely you were disqualified as well (can you clarify?). A second offence will attract a much longer ban.

Answer 2

This person shouldn't have been driving, surely, having been disqualified the first time round? Or was he simply given a huge number of penalty points? Or did the other offence happen so recently that chronology is on his side -- in other words, the first case hasn't got to court yet?

The general rule is that someone who has refused without good reason to provide a specimen is sentenced as though he had provided a specimen and had been found to be over the limit. So for a second offence, the tariff is a heavy fine and disqualification for three years. The court will probably order him to take another test.

Answer 3

The maximum penalty is 3 years disqualification. Unofficially some courts look upon the offence more seriously than others but a ban towards the upper limit plus a fine is the likely outcome.

However, if this is the second time this year this naughty person has been done for drink driving / failing to provide than they are almost certainly disqualified from driving as the minimum duration of disqualification (excluding any driver rehab course) for these offences is 12 months?!?!?

Get locked up for disqualified driving and fail to provide.......this naughty person may well be spending Christmas on the 'inside'!

Answer 4

You will be sentenced as if you had been convicted of driving under the influence. If it is your second offence, your driving ban will be longer than your first ban. You could be sentenced to a imprisonment (maximum in Magistrates Court is 6 months) or you may be given a community order with a condition that you attend a programme for people convicted of drink driving. You may also get some community service work added on.

Answer 5

Usually the person will still be convicted of DUI.

In addition, as a penalty for refusing the test (or providing inadequate breath for a sample) the person will receive an ADDITIONAL license suspension of at least 1 year.

Driving while suspended for a DUI usually results in CONSIDERABLE jail time.

If the state treats different Blood Alcohol levels differently as far as sentencing you will be sentenced as if you had the highest possible blood alcohol level.

It is almost always better to perform the test as requested.

Answer 6

Hello,

(ANS) Its VERY simple, failing to provide a sample of breath, blood on the street or at a police station is now a prosecutable offense and you will 100% certain be charged. Enough said I think!!

**Doesn't make any difference that its a second offense.

Ivan

Answer 7

Treated as though you have failed. So far as I am aware this is the only branch of law in which you are obliged to provide evidence against yourself. I'm sure there will be others soon.

The best way is to give the samples under protest and then you can claim assault if you are below the limit

Answer 8

hi, if convicted then this person can receive a large fine, 6 months imprisonment and banned from driving, if it is second offence most likely to maximum allowed under law, but may also be charged with driving under influence of drink or drugs and also face maximum allowable sentences, it is better to give sample as you may be on or under legal limit and therefore not face charges.

Answer 9

When you drink and drive, you not only put yourself in peril, but others as well, the second time this year? I find it very difficult to have any sympathy for you, What can you possibly expect people to say? I should hope, what ever the sentence you receive, that at least learn from it, in the mean time,

Merry Christmas.

Answer 10

Hopefully and usually a custodial sentence. However, with today's court system, probably a large fine, a bigger ban and some community service or something similar.