Boorman Lawyers Gold Coast DUI Lawyers
Serious Criminal Offense

Refusing a breath test is a serious criminal offense with severe penalties including automatic licence disqualification and potential imprisonment. Immediate legal representation is essential.

Understanding Refuse Breath Test Charges

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.

Legal Requirements

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.

Penalties for Refusing Breath Test

First Offense
  • Fine: Up to $5,670
  • Licence Loss: 3-24 months
  • Imprisonment: Up to 9 months
  • Criminal Record: Yes
  • Alcohol Interlock: May be required
Repeat Offense
  • Fine: Up to $11,340
  • Licence Loss: 6 months - 5 years
  • Imprisonment: Up to 18 months
  • Alcohol Interlock: Mandatory
  • Vehicle Forfeiture: Possible

Valid Reasons for Refusal

While refusing a breath test is generally not permitted, there are limited circumstances where refusal may be justified:

Medical Reasons
  • Serious respiratory conditions
  • Recent surgery affecting breathing
  • Medical devices preventing testing
  • Documented medical incapacity
Procedural Defenses
  • Improper police procedures
  • Unlawful traffic stop
  • Failure to provide proper warnings
  • Equipment malfunction

Why People Refuse Breath Tests

Panic Response

Fear or anxiety causing irrational decision-making

Misunderstanding

Not understanding legal obligations or consequences

Medical Issues

Genuine medical inability to provide sample

Our Defense Strategy

Boorman Lawyers employs comprehensive defense strategies for refuse breath test charges:

1
Case Analysis

Thorough review of police procedures, circumstances of the stop, and your medical history.

2
Evidence Gathering

Obtaining police footage, witness statements, and medical records if applicable.

3
Legal Defense

Challenging procedural compliance and presenting mitigating circumstances.