Charges
Refuse or fail to submit to breath analysis
Road Transport Act 2013 (NSW) Schedule 3, Division 6, clause 16(1)(b); disqualification under s 205(2)(d)
What is the maximum penalty for refuse breath analysis in NSW?
Maximum penalty. 30 penalty units ($3,300) or imprisonment for 18 months or both for a first offence, and 50 penalty units ($5,500) or imprisonment for 2 years or both for a second or subsequent offence. The lesser figure of 10 penalty units applies only to refusing a roadside breath test, oral fluid test or sobriety assessment, not to a breath analysis. Licence: this is a major offence, and the catch-all in s 205(2)(d) applies: automatic disqualification of 3 years, with a court discretion to order a shorter period of not less than 12 months, or a longer period.
A maximum is the ceiling the law sets for the worst category of case. It is not what a court is likely to impose, and it is not a prediction about any particular matter.
What the charge covers
A police officer can require a driver to provide a sample of breath for analysis on a breath analysing instrument, usually at a police station. Refusing that requirement, or failing to follow the officer's directions for it, is an offence in its own right and is treated as seriously as high level drink driving. There is a defence if the person proves they were unable on medical grounds to submit to the analysis at the time.
Where these figures come from
Every figure on this page was taken from the legislation or the Judicial Commission of New South Wales, not from secondary summaries:
Legislation changes. Figures are general as at publication; confirm the current position with a lawyer.
This page is general information about NSW law, not legal advice about your matter. Whether a charge can be defended, and what a court is likely to do, depends on the evidence and the circumstances.
Related charges
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