What is refuse breath test or breath analysis or blood urine sample?

The differences are legally defined as follows:

  • Breath test
    • This refers to a roadside test breath test.
    • Refusing a breath test or failing to provide a sufficient sample is a fine-only offence that does not usually result in any license disqualification. However, you may be required to submit to a breath analysis if you refuse a breath test.
  • Breath analysis
    • This is the second step after a failed roadside breath test. It is where your breath is analysed at a police station or an RBT bus.
    • Refusing a breath analysis or failing to provide a sufficient sample is a much more serious offence that may result in a term of imprisonment.
  • Blood / urine sample
    • Police can demand blood and urine samples where a person is:
      • physically incapable of producing a breath or oral fluid sample; or
      • you have refused to submit to an oral fluid test; or
      • as a result of a sobriety test, police have determined that you may be under the influence of a drug; or
      • you have been involved in a fatal accident or in an accident where a fatality is likely to ensue; or
      • you were the driver or supervisor of a vehicle in an accident.

*Samples must be taken within 4 hours of an accident occurring.

  • See Schedule 3 of the Road Transport Act 2013 for further information.

What are the penalties for these offences?

Refuse breath test, Sobriety test or oral fluid test

PenaltyFirst OffenceSecond or subsequent
Maximum court fine$1,100$1,100

Refuse breath analysis and refuse blood sample

PenaltyFirst OffenceSecond or subsequent
Automatic license disqualification3 years5 years
Minimum license disqualification12 months2 years
Maximum license disqualificationUnlimitedUnlimited
Maximum court fine$3,300$5,500
Maximum imprisonment18 months2 years
Licence Suspension (immediate)ApplicableApplicable
Participation in the interlock program2 years or more4 years or more

*NB: The penalties for refuse breath analysis / refuse blood sample are identical to the penalties for high range drink driving.

What are my options?

Let us help. Get in Touch.

Appointments can be conducted via:

  • zoom,
  • phone or
  • face-to-face at our office.

World Square
Level 45, 680 George Street,
P: (02) 9145 1262 or 0407 122 230
By appointment only

Leave us a message

This field is for validation purposes and should be left unchanged.