Refuse to remain at a breath testing station

Legislation: Road Safety Act 1986 (Vic) s 49(1)(e)

Maximum penalty: Varies - up to 18 months imprisonment or 180 penalty units (third or subsequent offence)

Period: 1 July 2020 to 30 June 2023

Jurisdiction: Magistrates' Court

Charges



Cases



All outcomes

Males

Females

Aged 18 to 24

Aged 25 to 54

Aged 55 and over

*Note: unavailable options have under 10 cases

Charge data

In the Magistrates' Court, 48 charges of refuse to remain at a breath testing station were sentenced in the three years to 30 June 2023. The most common sentence for a charge of this offence was a fine (77.1% or 37 charges).

On SACStat, a charge is a single count of a sentenced offence. Charge data is most useful in understanding how a specific crime is usually sentenced.

Case data

In 48 cases sentenced in the Magistrates' Court in the three years to 30 June 2023, each case included at least one charge of refuse to remain at a breath testing station. Among the 48 cases, 39 people were male and 9 people were female. The most common outcome for cases was a fine (72.9% or 35 cases).

A case is a collection of one or more charges against a person or company sentenced at the one hearing. Case data is most useful in understanding the total sentence usually imposed on people found guilty of a particular crime.

Bar graph showing sentence types imposed for charges of refuse to remain at a breath testing station — **Figure 1**: Sentencing outcomes for all charges of refuse to remain at a breath testing station
**Number: 48 charges**

Bar graph showing lengths of community correction orders for charges of refuse to remain at a breath testing station — **Figure 3**: Community correction order lengths for charges of refuse to remain at a breath testing station
**Number: 3 charges**

Bar graph showing fine amounts for charges of refuse to remain at a breath testing station — **Figure 4**: Fine amounts for charges of refuse to remain at a breath testing station
**Number: 16 charges**
**Note**: The graph only includes fines that were not part of an aggregate sentence (non-aggregate fines).

Stacked bar graph showing sentences imposed each year for charges of refuse to remain at a breath testing station — **Figure 5**: Sentencing outcomes for all charges of refuse to remain at a breath testing station by financial year
**Number: 48 charges**

Bar graph showing the number of charges each year for the offence of refuse to remain at a breath testing station — **Figure 6**: Number of charges of refuse to remain at a breath testing station by financial year
**Number: 48 charges**

Bar graph showing fines amounts each year for charges of refuse to remain at a breath testing station — **Figure 8**: Average fine amounts for charges of refuse to remain at a breath testing station by financial year
**Number: 16 charges**
**Note**: The graph only includes fines that were not part of an aggregate sentence (non-aggregate fines).

Bar graph showing sentence types for all offenders for cases of refuse to remain at a breath testing station — **Figure 9A**: Sentencing outcomes for all people for cases of refuse to remain at a breath testing station
**Number: 48 cases**

Bar graph showing sentence types for male offenders for cases of refuse to remain at a breath testing station — **Figure 9B**: Sentencing outcomes for males for cases of refuse to remain at a breath testing station
**Number: 39 cases**

Bar graph showing sentence types for female offenders for cases of refuse to remain at a breath testing station — **Figure 9C**: Sentencing outcomes for females for cases of refuse to remain at a breath testing station
**Number: 9 cases**

Bar graph showing sentence types for offenders aged under 25 for cases of refuse to remain at a breath testing station — **Figure 9D**: Sentencing outcomes for people aged under 25 for cases of refuse to remain at a breath testing station
**Number: 5 cases**

Bar graph showing sentence types for offenders aged 25 to 54 for cases of refuse to remain at a breath testing station — **Figure 9E**: Sentencing outcomes for people aged 25 to 54 for cases of refuse to remain at a breath testing station
**Number: 36 cases**

Bar graph showing sentence types for offenders aged 55 and over for cases of refuse to remain at a breath testing station — **Figure 9F**: Sentencing outcomes for people aged 55 and over for cases of refuse to remain at a breath testing station
**Number: 7 cases**

Bar graph showing imprisonment lengths for cases of refuse to remain at a breath testing station — **Figure 10**: Imprisonment lengths for cases of refuse to remain at a breath testing station
**Number: 3 cases**, including imprisonment only (2 cases) and imprisonment combined with a community correction order (1 case).

Bar graph showing non-parole periods for cases of refuse to remain at a breath testing station — **Figure 11**: Non-parole periods for all people for cases of refuse to remain at a breath testing station
**Number: 2 cases**
**Note**: Imprisonment terms do not include a community correction order.

Bar graph showing lengths of community correction orders for cases of refuse to remain at a breath testing station — **Figure 12**: Community correction order lengths for cases of refuse to remain at a breath testing station
**Number: 3 cases**

Stacked bar graph showing sentences imposed each year for cases of refuse to remain at a breath testing station — **Figure 13**: Sentencing outcomes for all cases of refuse to remain at a breath testing station by financial year
**Number: 48 cases**

Bar graph showing the number of cases each year for cases of refuse to remain at a breath testing station — **Figure 14**: Number of cases of refuse to remain at a breath testing station for all people by financial year
**Number: 48 cases**

Bar graph showing the average imprisonment length each year for cases of refuse to remain at a breath testing station — **Figure 15**: Average imprisonment lengths for cases of refuse to remain at a breath testing station by financial year
**Number: 3 cases**