Northern Territory Consolidated Acts

TRAFFIC ACT - SECT 29AAE

(1) A person who is required under section 29AAC or 29AAD to submit to a breath analysis must not fail to provide a sample of breath sufficient for the analysis to be carried out.

Maximum penalty: For a first offence - 10 penalty units or imprisonment for 12 months.

For a second or subsequent offence - 20 penalty units or imprisonment for 12 months.

(2) An offence against subsection (1) (a relevant offence ) is a second or subsequent offence if the person has previously been found guilty of any of the following offences:

(a) driving with:

(i) a high range blood alcohol content; or

(ii) a medium range blood alcohol content;

(b) driving under the influence of alcohol or a drug;

(c) failing to provide a sufficient sample of breath for a breath analysis;

(d) failing to give a sample of blood for analysis;

(e) driving with alcohol in the blood (if the person, at the time of the previous offence, was of a class mentioned in section 24(1)).

(3) If a court finds a person guilty of a relevant offence, the person's licence to drive is automatically cancelled and the person is disqualified from:

(a) for a first offence - obtaining a licence for a period that is at least 12 months; and

(b) for a second or subsequent offence:

(i) obtaining a licence for a period ( mandatory period ) that is at least 18 months; and

(ii) if the mandatory period is less than 5 years - obtaining a licence other than an AIL licence for an additional period ( AIL period ) immediately after the mandatory period that is at least 12 months and not more than 3 years.

(4) However, if a court finds a person guilty of a relevant offence and the person has previously been found guilty of any of the following offences, committed within 3 years before committing the relevant offence:

(a) driving with a high range blood alcohol content;

(b) failing to provide a sufficient sample of breath for a breath analysis;

(c) failing to provide a sample of blood for analysis;

the minimum period for which the person is disqualified from obtaining a licence is 5 years.

(5) Also, if a court finds a person guilty of a relevant offence and the person has previously been found guilty of any of the following offences, committed within 3 years before committing the relevant offence:

(a) driving with a medium range blood alcohol content;

(b) driving under the influence of alcohol or a drug;

(c) driving with alcohol in the blood (if the person, at the time of the previous offence, was of a class mentioned in section 24(1));

and the person has also been previously found guilty at any time of committing any of the following offences:

(d) driving with:

(i) a high range blood alcohol content; or

(ii) a medium range blood alcohol content;

(e) driving under the influence of alcohol or a drug;

(f) failing to provide a sufficient sample of breath for a breath analysis;

(g) failing to provide a sample of blood for analysis;

(h) driving with alcohol in the blood (if the person, at the time of the previous offence, was of a class mentioned in section 24(1));

the minimum period for which the person is disqualified from obtaining a licence is 5 years.

(6) A relevant offence is an immediate suspension offence.

(7) A person is taken to have failed to provide a sufficient sample of breath for a breath analysis if the person's actions (or inactions) in any way prevent a police officer from requiring the person to submit to a breath analysis.

(8) It is a defence to a prosecution for a relevant offence if the defendant satisfies the court:

(a) it would have been detrimental to the defendant's medical condition to have submitted to a breath analysis at the time the person was required to do so; or

(b) the defendant had other reasonable grounds for failing to submit to a breath analysis.

(9) It is not reasonable grounds for failing to submit to a breath analysis that the defendant had consumed alcohol after the defendant ceased to drive a motor vehicle.