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.
Big thank you to Jason in helping me through my recent case. A great professional,…
Very professional and got the best result! Would definitely recommend if you want the best…
The professionalism, expertise and timeless effort shown by Karina was second to none. Exceptional service…
Couldn’t be happier with the outcome I received from Jason and the team at Sydney…