The accused was charged with failing to provide a sample into an Approved Screening Device (ASD) on June 12, 2011.
The central issue was whether the failure by police to provide a "last chance" warning before the final attempt raised a reasonable doubt as to whether the refusal was unequivocal.
The accused made four unsuccessful attempts to provide a suitable breath sample over approximately seven minutes.
After arrest, he immediately requested another opportunity, which was refused.
The court found that the refusal was not unequivocal because the accused was not warned that his fourth attempt would be his last chance, the officer had been coaching and encouraging him throughout, and his subsequent offer was genuine and made immediately after arrest.
The court concluded that the accused should have been given the opportunity to comply and acquitted him.
