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Refusing to provide a breath test or oral fluid sample

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The charge of Refuse to provide a breath test or oral fluid sample (put simply, ‘Refuse’) can broadly occur in two ways:
- Breath tests: When a driver refuses to undergo a preliminary breath test (‘PBT’) or an evidentiary breath test (‘EBT’) when requested to do so by Victoria Police in order to determine their blood alcohol content.
- Oral fluid samples: When a driver refuses to provide a sample of their oral fluid (ie saliva) upon request by Victoria Police in order to determine whether the driver has drugs in their system.
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