Failing to Comply with Reasonable Direction & Submit to a Breath Analysis

Failing to comply with reasonable direction, and submit to a breath analysis.

The maximum penalty the Court may impose varies depending on your blood alcohol reading and whether or not you have committed this offence before.

If your blood alcohol reading was between 0.05 grams and 0.079 grams, the following penalties apply:

• First Offence $1,100 Automatic disqualification of not less than 3 months 4 incurred
• Second Offence $1,100 Automatic disqualification of not less than 6 months 4 incurred
• Third Offence $1,100 Automatic disqualification of not less than 9 months 4 incurred

If your blood alcohol reading was between 0.08 grams and 0.149 grams, the following penalties apply:

• First Offence $1,300 Automatic disqualification of not less than 6 months 5 incurred
• Second Offence $1,600 Automatic disqualification of not less than 1 year 5 incurred
• Third Offence $2,200 Automatic disqualification of not less than 2 years 5 incurred

If your blood alcohol reading was above 0.15 grams, the following penalties apply:

• First Offence $1,600 Automatic disqualification of not less than 1 year 6 incurred
• Second Offence $2,400 Automatic disqualification of not less than 3 years 6 incurred
• Third Offence $2,900 Automatic disqualification of not less than 3 years 6 incurred

It may be possible to reduce these penalties if the offence was trifling.

The magistrate withdrew the matter, on a no costs basis.

Our client consumed a couple of beers at the football. Our client suffered from asthma and was unable to supply a sample of breath. Our client requested a blood test and attended at the Lyell McEwin Hospital for that purpose. Upon receipt of the above blood test by Forensic Services SA, the material was tested and returned a reading 0.045. Therefore, the magistrate withdrew the charge.