Refusing or Failing to Submit to a Breath Test or Analysis is an offence under Clause 16, Schedule 3 of the Road Transport Act 2013.
To establish the offence, the prosecution must prove beyond reasonable doubt that you refused or failed to submit to:
The maximum penalty in the case of a roadside breath test, oral fluid test or sobriety assessment is a fine of $1,100.
The maximum in the case of a breath analysis where it is your first major traffic offence in 5 years is:
Which can be reduced to 6 months, followed by
Alternatively, the court can ‘exempt’ you from the interlock requirement and impose up to:
If it is your second or more major traffic offence in the past 5 years the maximum penalty is:
Alternatively, the court can exempt you from the interlock requirement and impose up to:
However, there will be no criminal record, licence disqualification or fine where the court deals with you by way of:
You are not guilty of the offence if you are able to persuade the court that you were unable to comply due to a medical condition.
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