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Refusing a Breath Test – What Happens Now?

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A breath test is a method for detecting alcohol intoxication using a breathalyser. A breathalyser is a device that can estimate your Blood Alcohol Content (BAC) through your breath sample. Moreover, BAC is the amount of alcohol (in grams) in every 100ml of blood. A BAC reading is directly related to an individual’s intoxication level. The higher the BAC, the most likely it is for an individual to be intoxicated. Likewise, consuming more alcohol can then lead to higher BAC levels. The BAC level is the most important aspect to watch out for during breathalyser breath tests. During roadside alcohol screenings, police officers, with the help of their breathalysers, would check for a driver’s BAC to determine if they are fit to drive. Going over the limit may have severe penalties. With the prevalence of roadside breathalysers tests, many now ask: Is refusing a breath test possible?

Police officers do breath tests to help ensure road safety. These tests can help law enforcers determine a driver’s capabilities. Drivers with high BAC results are more likely to cause accidents. Alcohol consumption can cause vision, memory, judgment, and coordination impairments. Without a doubt, these impairments can drastically affect an individual’s ability to operate vehicles. Moreover, driving with these impairments can increase the likelihood of accidents. Therefore, in most cases, refusing a breath test from police officers is not allowed. Furthermore, this can be seen as an obstruction to the law (making it hard to law enforcers to do their job).

Refusing a Breath Test: How can you get pulled over?

Drivers would typically get pulled over under suspicion. Law enforcers would pull over drivers with a different or irregular driving pattern. These patterns can help identify drivers most likely to endanger other motorists. It is also worth noting that refusing a breath test is not an option when police officers have pulled you over under suspicion. Refusing to provide a breath sample can be a severe offence and punishable by law. Law enforcers would typically suspect drivers of drink driving when they are:

  • Swerving: most intoxicated drivers find it hard to stay in one lane or drive in a straight line.
  • Constantly tailgating: intoxicated drivers would often try to drive closely behind a vehicle and copy what it does. Tailgating can be dangerous and can increase the likelihood of accidents.
  • Excessively breaking: intoxicated drivers might often feel insecure and have struggled when trying to predict when and how hard to break.
  • Slowly accelerating: drivers often have delayed reaction times, causing them to get left behind in situations like a green light.
  • Forgetting basic driving laws: intoxicated drivers often forget about some very basic driving laws. Drivers may forget to turn on their headlights (at night) or use turn signals.

Instead of refusing a breath test, drivers can prevent drink driving charges and trouble with the law by using the personal breathalysers from Breathalysers Australia. Ensuring that your BAC is low enough can also prevent you from driving with irregular patterns.

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Refusing a Breath Test: Possible Penalties

As stated before, refusing a breath test, in most cases, is illegal. However, drivers with a medical condition that could prevent them from providing adequate breath samples are exempted. Additionally, it is also a severe offence to not stop your vehicle. The penalties given to those that refuse to take a breath test can also be serious (as severe as a high BAC driving charge). Penalties can differ per State, but some common ones are:

  • Expensive Fines
  • Immediate driver’s license suspension (3 to 6 months, serious or repeated offences can last about a year)
  • Possible license disqualification
  • Demerit points (can stack up to even more severe penalties with hefty fines)

Drivers looking to avoid these penalties can use the personal breathalysers from Breathalysers Australia. These breathalysers are highly portable, allowing users to bring them everywhere they go easily. Furthermore, these devices can help users identify their exact BAC level. Knowing your BAC level can help you decide whether it’s safe for you to drive or not. Moreover, these devices can also help you monitor your intake. With a personal breathalyser, you would know when to stop or slow down your alcohol consumption. Additionally, a personal breathalyser can also help you understand your body’s limitations in terms of alcohol consumption. You would no longer need to think about refusing a breath test when you know that your BAC is under the legal limit (0.05% in Australia).

Refusing a Breath Test: Other Driving Laws in Australia

The most common driving law present in all States is the 0.05% BAC driving limit. Drivers should not have a BAC of 0.05% or more during a roadside screening. Australian law takes drink driving seriously. Therefore, having a BAC of more than the legally allowed limit can also have several severe penalties, like refusing a breath test. Additionally, drivers are inclined to produce adequate breath samples during a breath test. Multiple breath test failure attempts can also lead to penalties. Some of the standard drink driving penalties among States are:

  • Hefty fines
  • License suspension or disqualification
  • Vehicle confiscation
  • Interlock programs (ignition interlocks)
  • Possible jail time (for repeat offenders or for those that have a dangerously high BAC result)

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Using a Personal Device from Breathalysers Australia

Without a doubt, a personal device can drastically help drivers make better and more calculated decisions even after consuming alcohol. Drivers can elect to purchase and use the personal devices available on Breathalysers Australia. These breathalysers have FDA and DOT (Department of Transportation) clearance to be safe and highly effective devices. You would no longer need to worry about refusing a breath test when you know your exact BAC level. The breathalysers from Breathalysers Australia can ensure highly accurate and reliable results. These breathalysers feature fuel cell sensors, the same sensors you would find in a police officer’s breathalyser. Moreover, these sensors are also only sensitive to ethyl alcohol, reducing the likelihood of providing false-positive results. This accuracy and reliability are helpful, especially for users that have diabetes or are on a low-calorie diet.

Refusing a breath test is no longer an option you need to investigate. These easy to use, professional-grade personal devices can help ensure that you are safe and legally able to drive. Breath tests with the BACtrack personal breathalysers from Breathalysers Australia are quick and effortless. These devices only need 10 to 15 seconds to process your results. Additionally, these devices also offer one-button operations, allowing users to start their breath tests with just a press of a button.

Conclusion

With the innovation of high quality and professional-grade devices, drivers would no longer need to think about refusing a breath test. A personal device can help improve a driver’s safety by informing them of their current BAC level, which translates to their current intoxication level. These devices can ascertain drivers that are legally able to drive.

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