Man said doing breath test would kill him
DRINK-driver To Van Bui tried his best to do a breath test but feared he "might die” if he blew harder and longer.
The strawberry picker pleaded guilty in Bundaberg Magistrates Court to driving under the influence and failing to provide a breath specimen on September 7.
"I blew on police request,” Bui said.
"I did do my best,” he said.
"What they asked was too long.
"If I did do it I might have died.”
Though a Vietnamese interpreter Bui told Magistrate Belinda Merrin he could only blow as hard as his body would allow.
Police prosecutor Senior Constable Tina Bland said police stopped Bui in Thabeban at 9.40pm when his white van was seen being driven erratically.
She said Bui had bloodshot eyes and when officers asked him to move his van off the road was unable too, instead just driving it forward.
When told at Bundaberg Police Station to provide a breath specimen, he was unable to, although police accepted he did try.
"I did try to blow the hardest and longest,” Bui said.
"I know I was drinking as well.
”As an Australian citizen I always try to do my best.”
Ms Merrin said because of the circumstances Bui was deemed to have been driving under the influence.
She said he had been convicted of a similar offence 18 years before.
Bui was fined $1500 and disqualified for 12 months.
"I will have to enter a payment plan,” he said.