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  • Writer's pictureSam Kuhn


What Happens When You Refuse a Breathalyser Test | Traffic Offences

Did you know that it is an offence to refuse a breath test in Queensland?

What is a breath test?

A breath test is a test conducted (often by a police officer) to determine the blood alcohol levels of an individual. These tests are done through a breathalyser tool.

Breath tests could happen at roadside RBT’s (random breath testings), police stations, in a booze bus or anywhere when a police officer requests a ‘specimen of breath’.

You may also hear about ‘saliva tests’. Similar to breath tests, saliva these tests are used to identify any illegal drugs in a driver’s system.

The offence

Refusal to oblige by breath tests in Queensland can lead to serious consequences.

This offence of refusing a breath or saliva test is outlined in the Transport Operations (Road Use Management) Act 1995 – Section 80:

(5A) Offence of failing to provide specimen as required Subject to subsection (5B) , if a person required by a police officer under subsection (2) or (2A) to provide a specimen of breath for a breath test, or a specimen of saliva for a saliva test, by the person either—

(a) fails to provide the specimen; or

(b) fails to provide the specimen in the manner directed by the police officer who makes the requirement;

the person commits an offence against this Act.

What happens if you refuse a breathalyser test?

Refusal or failure to provide a specimen of breath can result in the maximum penalty of 6 months imprisonment and 40 penalty units ($5,500 in fines in Queensland).

This is greatly higher than a first-time drink driving charge that results in a maximum penalty of 3 months imprisonment and 14 penalty units (approx. $2,000 in fines). “I had excellent service with Creevey Russell Lawyers. All advice was given in clear and easy to understand language, even though they were discussing complex legal issues. They were a godsend during a stressful and trying time of my life.” – Joel

Speak to Creevey Russell Lawyers, Today for Traffic Offence Legal Advice and Support.

Our experienced Traffic Offence team can offer guidance through the following traffic offences and areas;

• Unlicensed Driving, Suspension and Disqualified Driving Offences

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• Dangerous operation of a motor vehicle and careless driving

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