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).
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