Refuse or Fail Breath Test

Refuse or fail breath test is a fine only offence. As a result, you won’t go to jail and you won’t lose your licence. However, you can be convicted of the charge and the court can impose a large fine. For more information, read our article below, or call us for free advice.

What is Refusing or Failing a Breath Test?

The offence occurs when police pull you over to breath test you for drink driving. You can be charged if you either refuse to do the test, or you’re unable to provide a sufficient sample. 

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    Will I lose my licence?

    This offence does not carry a disqualification period. Therefore, you will not lose your licence.

    However, the Court does have a general discretion to disqualify you if you are convicted. But this is rare. 

    Can I avoid a criminal record? 

    A court will most likely convict you for the offence. 

    However, a conviction can be avoided if you receive a conditional release order without conviction.

    The court will consider a range of factors for your sentence. For example:

    • The circumstances of the offence
    • Your criminal history
    • Your traffic history
    • Completion of the Traffic Offenders Program
    • And your personal circumstances.  

    Will I go to Jail?

    No, you can’t go to jail for this offence.

    The maximum penalty is a fine of $1,100.

    Can I defend the charge?

    Yes. It’s a defence if you were unable to submit to the assessment due to medical grounds, if you were on your property at the time that the police asked you to provide a sample, or more than two hours passed since you were pulled over or had an accident. 

    We can help 

    Our lawyers are experts in representing offenders charged with traffic offences. Our commitment is to provide quality legal representation.

    Contact us today on 0421 700 497 for a free initial consultation.