Fail to Undergo Breath Analysis Following Arrest

Your Options

Plead not guilty

In order to convict you of this offence, the police need to prove beyond a reasonable doubt that:

You, the driver, have undergone a random breath test and produced a positive reading;

You were placed under arrest and requested by police to undertake a further breath analysis;

You refused to undergothe breath analysis.

It is a defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant was unable on medical grounds, at the time the defendant was required to do so, to submit to a breath analysis.

Our experienced criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.

Plead guilty:

If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence.

The maximum penalty for this offence is a fine of $3,300 or imprisonment for 18 months or both in the case of a first offence. In the case of a second or subsequent offence the maximum penalty is a fine of $5,500 or imprisonment for 2 years or both.

There is a minimum disqualification period of 12 months in the case of a first offence and a minimum disqualification period of 2 years in the case of a second or subsequent offence within a 5 year period.

Generally, penalties that a court can impose for any criminal offence in NSW are:

• Section 10 – No conviction recorded
• Fine
• Section 9 – Good behaviour bond
• Community service order
• Section 12 – Suspended sentence
• Intensive correction order
• Home detention
• Prison sentence