Expert legal representation for breath test refusal charges across the Gold Coast. Protect your rights with experienced DUI defense lawyers.
Refusing a breath test is a serious criminal offense with severe penalties including automatic licence disqualification and potential imprisonment. Immediate legal representation is essential.
In Queensland, police have the legal authority to require drivers to provide a breath sample for alcohol testing. Refusing to comply with this lawful direction constitutes a serious criminal offense under the Transport Operations (Road Use Management) Act.
You are legally required to provide a breath sample when lawfully requested by police. Refusal can result in more severe penalties than many drink driving offenses, even if you haven't consumed alcohol.
While refusing a breath test is generally not permitted, there are limited circumstances where refusal may be justified:
Fear or anxiety causing irrational decision-making
Not understanding legal obligations or consequences
Genuine medical inability to provide sample
Boorman Lawyers employs comprehensive defense strategies for refuse breath test charges:
Thorough review of police procedures, circumstances of the stop, and your medical history.
Obtaining police footage, witness statements, and medical records if applicable.
Challenging procedural compliance and presenting mitigating circumstances.