Will You Automatically Lose Your Licence for Refusing a Breath Test?

A moment at the roadside can have a lasting consequence. If the police have directed you to provide a breath sample and you refuse, the legal impact can be immediate and severe. Across Australia, drunk driving enforcement is backed by strict legislation. In many states and territories, refusal is treated as a serious offence that may result in license suspension or subsequent fines.

In this context, we’ll discuss its legal framework for refusing a breath test in Perth, penalties and the typical procedure police use if a driver refuses a breath test.

What is a Breath Test?

There are two main types of breath testing: preliminary roadside breath tests and breath analysis tests carried out on approved machines. In Australia, police have the power to conduct a breath test in several situations. Some of them include random roadside testing stations for identifying people who have consumed alcohol and are driving. A breath test may also be required if there is a traffic collision.

Is Refusal an Automatic Licence Loss?

The refusal to give a breath test does not necessarily imply that a person will certainly lose their licence. But in most jurisdictions, the punishment for refusing a breath test in Perth results in a suspension of the licence or disqualification.

Some states consider refusal as an automatic disqualification matter, whereas in other states, disqualification is preceded by conviction. In every instance, denial is a serious crime, which is subject to substantial punishment, which may include loss of licence, fines and imprisonment.

What Police Can Do at the Roadside?

Police have specific powers if there is a refusal of a breath test in Perth. Some of them include:

• They can ask you to leave your car and give a preliminary breath test.
• Officers can also impose an immediate roadside notice of a licence suspension depending on the police powers in the state or territory.
• Unless there is a reasonable cause, you can be arrested and taken to a police station or a booze bus, where a further breath test is administered.
• When you decline a mandatory breath or breath examination analysis, you may be charged according to the proper Road Transport Act.

In all of these situations, you can take the help of traffic lawyers Perth WA so that you can take the right steps.

Common Penalties of Breath Test Refusal

Penalties for refusal of a breath test vary according to the location where you are charged. Some of the common penalties can include:

• Fines.
• Disqualification of the licence or temporary suspension.
• Imprisonment in serious or repeated cases.

There are also states where the minimum disqualification period on refusal is mandatory and cannot be waived. The court of the corresponding state is free to select the type of punishment to administer after considering the particulars of the case and the previous driving offences of the defendant. In both cases, you will have to contact a traffic violation lawyer to take the next course of action.

Practical Examples

The following examples illustrate typical outcomes for refusal:

• Depending on the jurisdiction, first refusal can result in either immediate suspension or at least disqualification of the licence.
• For repeated refusal, some jurisdictions have increased minimum disqualification periods.
• Refusal followed by a zero reading may still result in a penalty for refusal.

The consequences are different, and the courts will typically take the previous driving records and other applicable considerations in order to impose final penalties.

Mitigating Factors

There are some defences available in refusal cases, which you can present in court with the help of traffic lawyers Perth. These commonly include:

• You were not medically fit to supply a sufficient sample of breath.
• The police request was not legal since the officer did not have reasonable grounds.
• The reason why you could not provide a sample had substantial support, supported by evidence.
• The process of raising these defences is normally fairly demanding in terms of legal counsel and evidence.

What to Do If Asked to Take a Test?

If stopped by police and asked to take a breath test, you should take the following steps:

• Follow legal instructions and park your car.
• Explain the reasons and legality of your obligation to take the test.
• In case you have a legitimate medical condition that prevents you to give a sample, notify the officer.
• Write down details of the incident and consult with traffic offence lawyers Perth immediately in case you are accused.

Final Thoughts

In Australia, failure to give a breath sample is a serious matter in the eyes of the law. Although not every jurisdiction will automatically impose the loss of a licence, the refusal normally attracts a suspension or disqualification of the licence, a large fine and imprisonment. The precise result depends upon the law of the state or territory in which it is applied, the circumstances under which the refusal is made, and your record of driving history. If the police have penalised you, find a traffic lawyer to safeguard your rights and to achieve the best possible outcome.