Home › Traffic & driving › Refusing a test
The whole idea in one picture
Refusing the test feels like avoiding a reading. In law it does the opposite — the refusal is scored as the worst-case result, and penalised to match.
Police can lawfully require a breath, blood or urine sample in a range of situations, and "refusal" is read broadly:
The most common excuses don't hold up the way people expect:
You can still be required to test if you were in the driver's seat or attempting to drive.
Police can require a test within 2 hours of driving — being home doesn't end it.
A medical reason can help — but you'll need a valid certificate or evidence to back it.
Penalties where you are
Refusal is penalised the same as a high-range PCA. Plus a $3,300 fine. Under the Road Transport Act.
Defences are limited, and courts take a strict view — especially when a refusal looks deliberate:
A genuine condition — like severe asthma or trauma — stopped you providing a sample.
Police failed to follow procedure, explain your rights, or test in time.
You weren't in charge of the vehicle at the relevant time.
You honestly, reasonably believed you were entitled to refuse.
Whether police followed the correct procedure, and whether a medical reason applies, are often the only ways through — and they need evidence. We can point you to traffic lawyers in your state.
Read this first
This page explains how these charges generally work — it can't tell you what will happen in your case. The penalties and procedures vary by state and territory. If you've been charged, talk to a traffic lawyer before your court date — early advice can affect the outcome.
