What is Refuse to Provide an Oral Fluid Sample or Refuse or Fail to Submit to Providing a Blood Sample?

A person who refuses or fails to provide an oral fluid sample, without reasonable excuse or fails to submit to provide a blood sample after refusing to give an oral sample is guilty of an offence.

If you are unable to provide a sample of your oral fluid, you will be ordered to provide a blood sample. The blood sample must be taken within 4 hours of the driving, or the police cannot rely on it in court. The police will take you to a hospital to have the sample taken. The analytical laboratory will analyse the sample to check for the presence of any drug.

The Law

Section clause 17, Schedule 3 of the Road Transport Act 2013 (NSW) states:
A person must not, when required to do so by a police officer under this Part, refuse or fail: to provide an oral fluid sample under Division 3 for an oral fluid analysis in accordance with the directions of the officer.

Jurisdiction / Case Law

An offence of Refuse to Provide an Oral Fluid Sample or Refuse or Fail to Submit to Providing a Blood Sample when Unable to Provide an Oral Fluid Sample will be heard in the Local Court.

What must the prosecution prove?

Since Refuse to Provide an Oral Fluid Sample or Refuse or Fail to Submit to Providing a Blood Sample is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove the Accused’s guilt beyond reasonable doubt. That is a high standard of proof that the prosecution must achieve before someone can be convicted.

To establish Refuse/Fail to Provide an Oral Fluid or Blood Sample, the prosecution must prove each of the following matters beyond reasonable doubt:

  • That you failed to provide an oral fluid sample, without reasonable excuse or to submit to provide a blood sample after refusing to give an oral sample.

If you are charged with the offence of Refuse to Provide an Oral Fluid Sample or Blood Sample, what are your options?

National Criminal Lawyers (NCL) have been successful in defending a number of Refuse/Fail to Provide an Oral Fluid Sample or Blood Sample charges where the prosecution could not establish each of the elements to the required threshold of beyond reasonable doubt. We have also achieved several non-convictions for these charges for those who are found guilty or plead guilty.

It is for that reason that National Criminal Lawyers are the preferred specialist criminal solicitors in Sydney.

Our Senior Criminal Defence Lawyers, headed by Michael Moussa, one of Sydney’s Best Criminal Lawyers, will ensure that your case is closely examined to achieve the best of results.

NCL offer the following options for those who have been charged with Refuse/Fail to Provide an Oral Fluid or Blood Sample:

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
  2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that the prosecution has not proven its case beyond reasonable doubt;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Please contact us now for more information about your options.

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn and/or obtaining the least restrictive penalty available.

This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can ensure the evidence is not only obtained properly, but also that your case is prepared and presented to the highest best practice standards possible.

This is also done without breaking your pocket.

2. How a Senior Defence Lawyer can HELP YOU deal with criminal charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience, you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights.

For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights.

This is true not only when the police have just simply got it wrong, OR if they have got it right, then we can speak with you and make sure you get the best result available.