Fail To Undergo Breath Test

Your Options

Plead not guilty

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

1. You, the driver, were driving a motor vehicle on a road or road related area; and
2. The police requested you undertake a roadside breath test; and
3. You refused to undertake the breath test.

Before requiring a person to undergo a breath test and for the purpose of determining whether to conduct such a test, a police officer may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.

It is a defence to a prosecution for this offence 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 undergo a breath test.

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 $1,100.

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