WA Drink Driving Refuse Breath Analysis

Refusing to give a breath sample after being randomly stopped by the police on the roadway is a traffic offense for which the driver will be issued a disqualification notice under Section 67 of the Road Traffic Act of 1974. The disqualification notice will put the driver on notice that he is disqualified from driving or operating a motor vehicle for the period of two months.

It is a serious traffic offense. The magistrate’s court treats it as insubordination and will penalise the driver for it with a fine ranging from $900- $5000. The disqualification period imposed by the court as a penalty will last for a minimum of ten months. If the accused is a habitual offender and has had other convictions for drink driving offenses, refusing a breath analysis or refusing to give a blood or urine sample for confirmatory analyses may result in a lifetime disqualification from driving.