Refusing A Breath Test / Breath Analysis
Police officers may require a Roadside Breath Test (RBT) if the officer reasonably believes an individual has been driving a motor vehicle on a road, has occupied the driver’s seat and attempted to start the car, or has been supervising a learner driver.
Refusing a breath test is illegal under Section 16(1) (a), Schedule 3 of the Road Transport Act 2013 (NSW).
The offence is committed if an individual is instructed to give a breath test by a police officer but refuses to do so, or fails to provide a sufficient sample.
The maximum penalty for this offence is $1100, and the court has the discretion to apply any disqualification period.
Refusing a Breath Analysis
A breath analysis occurs after an arrest for a traffic violation, such as a failed roadside breath test. It is conducted at the police station, and its results may be used in court.
Refusing a breath analysis is illegal under Section 16(1) (b), Schedule 3 of the Road Transport Act 2013 (NSW).
The offence is committed if an individual is instructed to give a breath analysis sample by a police officer but refuses to do so, or fails to provide a sufficient sample.
This offence is treated as seriously as high range drink driving. The maximum penalty for a first time offender is $3300 and/or 18 months imprisonment and length disqualifications and interlock provisions.
This offence is also a mandatory interlock offence. An electronic breath testing device is linked to the ignition system of the offender’s vehicle and requires the provision of a breath sample before the vehicle can start. A positive sample will prevent the vehicle from starting. The device will stay on the vehicle for a minimum 2 year period for a first time offender and a minimum of 4 years for repeat offenders.
Refusing a breath test or breath analysis most likely lead to a criminal conviction being recorded. These offences are regarded as very serious by the courts, as are all drink driving offences, and this is reflected in the level of penalties available. The starting point for the Court is a criminal conviction, along with a fine and a licence and interlock disqualification period.
It is possible to reduce the disqualification period. Our dedicated team can represent you at any court. We have represented taxi drivers, uber drivers, bus drivers, tow truck drivers, courier drivers and everyday drivers. We will fight to achieve the best result possible for you. With our extensive knowledge of criminal and traffic law, you can be rest assured that you are receiving the best advice and representation possible.