What is Refusing or Failing a Breath Analysis?

If you fail or refuse a road side breath test, you’ll be required to undergo a breath analysis. This will usually be in an RBT van or at the closest police station.

If you fail this second test, or you’re unable to provide an adequate sample, you will be charged with this offence.

Will I lose my licence?

A conviction will result in loss of licence.

Generally, the automatic disqualification period will apply. In other words, 9 months disqualification.

However, certain factors can reduce the time spent off the road. For example, your need to drive, or completing the Traffic Offenders Program. However, the disqualification can’t be less than the minimum period, which is 6 months.

Can I avoid a criminal record? 

A court will likely convict you for the offence. Avoiding a criminal record for this offence is rare, due to the serious penalties that can be imposed.

A conditional release order with conviction or a community corrections order are common for this charge.

Will I go to jail?

The maximum penalty for a first offence is 18 months imprisonment. As a result, it is possible to go to jail.

Can I defend the charge?

Yes. It’s a defence if you were unable to submit to the assessment due to medical grounds, or if more than 2 hours had passed since you were pulled over or had an accident.