Refusing a Breath Test in Sydney: What You Risk and What Happens Next

Refusing a roadside breath test or failing to submit a breath test is an offence contained in section 16 Schedule 3 of the Road Transport Act 2013.

Legal Obligations When Stopped by Police in NSW

When stopped by police in NSW, it’s essential to understand your legal rights and obligations. The law requires you to comply with certain requests, such as providing identification and submitting to a breath test if requested. If the police have reasonable grounds, you must provide a breath sample. Refusing this request can lead to serious consequences.

If you’re unsure of your rights or facing legal action, speaking to Sydney Drink Driving Lawyers as early as possible can help you understand the best way forward.

Consequences of Refusing a Breath/Analysis Test

If you are stopped by Police in NSW and choose to refuse a breath test the police have the right to suspend and confiscate your licence within 48 hours. The maximum penalties for refusing a breath test are a fine of up to 10 penalty units, which is approximately $1,100. While there is no automatic licence disqualification, the court has the discretion to impose one.

Refusing a breath analysis can escalate the situation. If you refuse a breath analysis, you will be placed in the same category of a High Range PCA offence. The penalties for refusing a breath test are the same as those for High Range PCA. If it is your first drink driving offence within the last 5 years, the penalties include:

• A fine of up to $3,300
• Imprisonment for up to 18 months, or both
• An automatic licence disqualification of 3 years (which may be reduced to a minimum of 1 year by the court)

For a second or subsequent offence within the last 5 years, the penalties increase to:

• A fine of up to $5,500
• Imprisonment for up to 2 years
• An automatic licence disqualification of 3 years (which may be reduced to a minimum of 1 year by the court)

Potential Legal Defences

There are legal defences to the offence of refusing a breath test or analysis if:

• You were not the driver of the vehicle.
• You were not driving on a road or road-related area.
• You did not refuse or fail to comply with the request.
• You had a medical condition that prevented you from completing the test.

In addition, the police are required to collect breath, blood or urine samples within a specific time frame after a person has been driving. The police are required to obtain that sample within a two-hour window from the time of driving. If the sample was taken after that two-hour window, the evidence may be deemed as inadmissible as it was not lawfully obtained.

How we can help

If you’re charged with refusing a breath test, our team at Oxford Lawyers are here to help. Our experienced Drink Driving Lawyers in Sydney understand the seriousness of these charges and will guide you through the legal process with care and expertise. Contact us today for a consultation and let us guide you through this challenging process.