Refusing to submit to a breath, blood or urine test when requested by police is a serious criminal offence in Australia. These laws exist to ensure road safety and support the enforcement of drink and drug driving laws.
If you are lawfully required to provide a sample after driving, attempting to drive, or being involved in an accident, refusal is treated just as seriously — or even more seriously — than a high-range PCA or DUI offence.
The courts generally view refusal as a deliberate attempt to avoid detection and impose heavy penalties, including imprisonment, long disqualifications, and criminal convictions.
You can be legally required to provide a breath, blood, or urine sample if:
You are driving or attempting to drive
You are in charge of a motor vehicle
You are involved in a traffic accident
You are stopped during a random breath test (RBT)
Police can require testing on the roadside or at a police station or hospital. Refusing at any stage without a lawful excuse is an offence.
Examples include:
Saying “no” to a breath, blood, or urine test
Failing to blow properly into a breathalyser
Deliberate non-compliance (e.g. stalling or pretending to try)
Walking away or refusing to attend a testing facility
Refusing to give consent to a doctor or nurse for testing
A refusal can still be charged even if you were cooperative in other ways.
“I wasn’t driving yet” – You can still be required to provide a sample if you were in the driver’s seat or attempting to drive
“I was home already” – Police can test you within 2 hours of driving
“I have a medical condition” – You must provide a valid medical certificate or evidence
Possible defences to a refusal charge may include:
Medical incapacity – e.g. severe asthma or trauma preventing you from providing a breath sample
Police did not comply with procedure – e.g. failure to explain your rights or delayed testing
You were not in charge of a vehicle at the relevant time
Genuine misunderstanding – e.g. believing you had the right to refuse
Defences are limited and courts generally take a strict view, especially if the refusal appears deliberate.
New South Wales (NSW)
Under the Road Transport Act 2013 (NSW), refusing a breath or blood test attracts the same penalties as a high-range PCA offence. For a first offence, this includes up to 18 months’ imprisonment, a $3,300 fine, and a minimum 12-month licence disqualification.
Victoria (VIC)
Under the Road Safety Act 1986 (VIC), refusing a test carries automatic licence cancellation, mandatory interlock program, and up to 18 months’ imprisonment. It is treated more seriously than some DUI or PCA offences.
Queensland (QLD)
Under the Transport Operations (Road Use Management) Act 1995, refusal results in automatic disqualification, fines up to $6,192, and up to 9 months’ imprisonment for first offences. Repeat offenders face much harsher outcomes.
Western Australia (WA)
Under the Road Traffic Act 1974 (WA), refusal is treated as equivalent to high-range drink driving. Penalties include up to 18 months’ imprisonment, $3,750+ in fines, and long disqualification periods.
South Australia (SA)
Under the Road Traffic Act 1961 (SA), refusing a test carries up to 2 years’ imprisonment, substantial fines, and minimum 12-month disqualification. Immediate loss of licence can also occur.
Australian Capital Territory (ACT)
Under the Road Transport (Alcohol and Drugs) Act 1977 (ACT), refusing to submit to a test carries up to 12 months’ imprisonment, fines, and automatic licence disqualification.
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a licensed criminal lawyer.
