Blood Testing in Drink Driving Cases in Queensland
Blood Testing in Drink Driving Cases in Queensland
In Queensland, blood testing of drivers for alcohol is governed by the Transport Operations (Road Use Management ) Act 1995. This page deals with alcohol blood testing in Queensland.
When a DUI blood sample can be taken
Under section 80 of the Transport Operations (Road Use Management) Act 1995, the Queensland Police have the power to require a blood sample from a person in a range of circumstances.
Police may require a person to provide a blood sample if:
- The person has been breath tested and the test has returned a positive result;
- The person has been breath tested and the test has returned a negative result that is inconsistent with external signs;
- The person has been unable to provide a breath sample;
- The person has been in a motor vehicle accident;
- The person has been arrested for an offence involving careless driving or the use of alcohol or drugs;
- The person has been arrested for an indictable offence involving the use of a motor vehicle;
- The police suspect the person was in control of a motor vehicle within the last four hours.
A blood sample may be taken from a person who is unconscious or otherwise unable to communicate.
If a person is in hospital for treatment, they can be required to provide a blood sample only with the approval of their treating doctor.
How a DUI blood sample is taken
A person may be held for a reasonable time for a blood sample to be taken. The sample may be taken at the police station, or at a hospital or healthcare facility.
A blood sample is to be taken by a doctor, nurse or qualified assistant. The officer who has required the sample to be taken will remain present while it is taken.
The person providing the sample may request that they also be provided with a blood sample, which they may have tested independently.
Offences
There are a number of offences associated with the taking of blood samples. These offences can attract fines or terms of imprisonment.
Refusing a sample
If a person is required to provide a sample of blood for testing, they are taken not to have done so unless the sample taken is sufficient for the test or the analysis to be carried out. The person must allow the doctor, nurse, or qualified assistant to take the sample and must do as directed. If a person fails or refuses to give a specimen, they are taken to be guilty of an offence under section 79 of the Transport Operations (Road Use Management) Act 1995 .
For a first offence of refusing a sample, the maximum penalty is a fine of 28 penalty units or imprisonment for nine months.
If the person has had a conviction within the last five years for refusing a blood test, for driving under the influence or for a serious driving offence, the maximum penalty of a fine of 60 penalty units or imprisonment for 18 months.
If the person has had two convictions within the previous five years for refusing a blood test, for driving under the influence or for a serious driving offence, the court must impose a penalty that includes imprisonment.
When a person is found guilty of this offence, there will be a period of disqualification from driving, which may include participation in an Alcohol Ignition Interlock Program
Obstructing the taking of a specimen
Under section 80A of the Transport Operations (Road Use Management) Act 1995, a person must not obstruct a healthcare professional taking a specimen of blood without a reasonable excuse. The maximum penalty for this offence is a fine of 40 penalty units.
Challenging a sample
A blood sample reading may be challenged on a few grounds. Firstly, if a driver receives their own blood sample, they can have this analysed and if a different result is obtained, this would from the basis for a challenge to the accuracy of the police analysis.
The accuracy of a police blood sample analysis may also be challenged on the basis that all of the requirements for the transmission and testing of the sample were not properly complied with or that the request to provide a blood sample was not made lawfully.
It is a defence to the charge of refusing to provide a blood sample if the request to provide the specimen was not lawfully made. It is also a defence if a sample could not be provided because of events that occurred that meant the driver was incapable of providing the specimen. It will also be a defence if the court accepts that there was some other good reason for the person’s failure to provide the specimen.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Michelle Makela
National Practice Manager
Michelle Makela is a Legal Practice Director at Go To Court Lawyers. She holds a Juris Doctor, a Bachelor of Science (Psychology) and a Master of Criminology. She was admitted to practice in 2006. Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Refusing a Breath Test in Western Australia
In Western Australia, as in all other states of Australia, the police have the authority to stop vehicles and require the driver or another defined person to take certain tests to check how much alcohol they have in their blood (their Blood Alcohol Content). There are two tests that drivers ....
Posted in:
Blood / Breath Tests
Refusal of Breath Testing in Australia
Refusal of Breath Testing in Australia Every State and Territory in Australia has laws regarding the maximum concentration of alcohol a driver is allowed to have in his or her body when driving or riding a vehicle. The main way these laws are policed and enforced is through random breath ....
Posted in:
Blood / Breath Tests
Refuse Breath Test in Victoria
Refuse Breath Test in Victoria A preliminary breath test in Victoria and an evidentiary breath analysis are tests that use a sample of a person’s breath to estimate their blood alcohol content (BAC), which is the concentration of alcohol in their blood. It is conducted by a police officer on ....
Posted in:
Blood / Breath Tests
Part 5 of the Road Safety Act 1986 (Vic) covers all the offences relating to driving under the influence of alcohol or other drugs (“DUI”) and Part 2 of the Road Safety (General) Regulations 2009 (Vic) sets out the procedure for taking DUI blood tests in Victoria. The DUI Blood Test In DUI blood ....
Posted in:
Blood / Breath Tests
Penalties & Laws
Refusing a Blood Test in Victoria
Refusing a Blood Test in Victoria In Victoria, criminal offences relating to drink driving are set out in the Road Safety Act 1986 and the Road Safety (General) Regulations 2009. It is an offence to refuse to give a breath sample or a blood sample when required to do so by the police. ....
Posted in:
Blood / Breath Tests
Refusing a breath test in South Australia
Refusing a breath test in South Australia It is an offence to drive in South Australia with a prescribed concentration of alcohol in your blood. Police have the power to breath test drivers on a random basis or when they suspected of having been involved in an accident. Refusing a ....
Posted in:
Blood / Breath Tests
Refusing a Blood Test in the Northern Territory
The police in the Northern Territory have the power to test drivers to determine whether they have alcohol or drugs in their body. In some circumstances, a police officer may request that in addition to a breath or saliva test, a blood sample is provided. Refusing a blood test without ....
Posted in:
Blood / Breath Tests
Police officers in Tasmania have broad powers to require you to undertake a breath test, whether or not they suspect that you have driven a motor vehicle under the influence of alcohol. The rules for how breath tests are conducted are contained in the Road Safety (Alcohol and Drugs) Act ....
Posted in:
Blood / Breath Tests
A breath test or breath analysis is a test that uses a sample of a person’s breath to estimate their prescribed content of alcohol (PCA), which is the concentration of alcohol in their body. It is conducted by a police officer or by another person employed by the government who ....
Posted in:
Blood / Breath Tests
Refusing a Breath Test in the Northern Territory
In the Northern Territory, police have the power to breath test drivers to determined whether they have consumed alcohol. Refusing a direction by a police officer to take part in a breath test is an offence. The rules for taking breath samples and the offences and penalties for refusing to ....
Posted in:
Blood / Breath Tests
Refuse Breath Test in Tasmania
In Tasmania, the Road Safety (Alcohol and Drugs) Act 1970 is the law that covers the rules and the offences relating to breath testing. Since 1985 the police have had the power to randomly stop any motorist and ask them to provide a sample of their breath to check if ....
Posted in:
Blood / Breath Tests
Refusing a Blood Test in Queensland
In Queensland, police may conduct random breath/saliva tests to determine whether a person was driving under the influence of drugs or alcohol. Queensland police also have the power to conduct blood tests in certain circumstances. Failing to comply with a blood test may result in a term of licence suspension, ....
Posted in:
Blood / Breath Tests