It an offence to refuse a breath test for alcohol

NSW Police can set up stationary RBT sites, where all cars can be waved down, or to conduct mobile testing on any vehicle they suspect is being driven by someone under the influence.

The charge of refuse breath analysis offence is committed when a person is required to submit a breath analysis and refuses to do so or fails to give a sufficient sample.

If this is your first major offence within the last 5 years, the maximum fine that can be imposed by the Court is $3,300. If this is your second or subsequent major offence within the last 5 years, the maximum fine that can be imposed by the Court is $5,500.

It is not a defence to refuse breath analysis on the basis that you wanted to seek legal advice before providing a sample for breath analysis. 

Our drink driving lawyers will advise you of the potential penalties and provide you with no obligation all inclusive fixed fee quote. Their services can, help you to minimise the legal charges against you and they will represent your case in court .