In Queensland, the police can randomly stop any vehicle to check the driver’s blood alcohol concentration level.
If you refuse to submit to a breath test, you may incur the following penalties based on your previous criminal offenses, your driving history, and whether you have caused any harm to others or property.
- A fine of up to $5,500 or imprisonment of up to six months for a first offence
- A fine of up to $8,668 or imprisonment of up to 18 months for a second or subsequent offence
- Licence disqualification for at least six months for a first offence
- Licence disqualification for at least 12 months for a second or subsequent offence
- A requirement to complete a driver education program
- A requirement to install an alcohol interlock device
- Vehicle impoundment or forfeiture
When you refuse to have a breath analysis, your license will be immediately suspended until the charge is resolved by the court. You will also have to appear in court before a magistrate who will decide the length and severity of your punishment.
You should seek legal advice if you have been charged with refusing to undergo a breath analysis or if you wish to contest the charge. Refusal to undergo a breath analysis is a complex and serious matter that may have significant consequences for your life and livelihood.