About Refusing A Breath Test
Learn more about refusing a breath test charge in WA.
When you're ready make a quick enquiry.
- Our Process
- The Law
- Possible Defences
- Possible Outcomes
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alledged refusing a breath test in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our traffic lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with refusing breath test experience
Meet with lawyers who have successfully defended many clients charged with refusing a breath test.
- Past Cases
- Good Results
- Happy Clients
Failure To Provide Sample Of Breath
Road Traffic Act 1974 (WA)
Road Traffic Act 1974 (WA)
“A person who fails to comply with a requirement of a police officer to provide a sample of blood, urine or breathe for analysis commits an offence.”
In Plain English
Basically, if you fail to cooperate with a requirement of a police officer when they ask you to provide a breath, blood, or urine sample, or to do a driver assessment, you are committing an offence.
The sooner you act the better.
Don't let your ex dictate what you are entitled to. You have legal rights, arm yourself with knowledge before negotiating.
Lawyers with refusing breath test experience
Meet with lawyers who have successfully defended many clients charged with refusing a breath test.
- Past Cases
- Good Results
- Happy Clients
If we can prove one of these defences together...
- There could be no criminal conviction recorded.
- You could have charges dropped before your court date.
- You could have the case thrown out of court.
- You could be found innocent in court.
Not the driver
It is a defence to prove that the accused person was not the driver of the motor vehicle.
Was not intentional
It is a defence to prove that the driver was driving was not intentional (an accidental skid etc.). However the likelihood is that at most the charge may be downgraded to dangerous or refusing a breath test.
Duress
Where the accused commits the offence as a result of violence, threat or other pressure against the accused.
Necessity
Where the accused had to ‘necessarily’ drive carelessly to prevent some greater harm.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with refusing breath test experience
Meet with lawyers who have successfully defended many clients charged with refusing a breath test.
- Past Cases
- Good Results
- Happy Clients
What’s taken into account if you’re found guilty...
- The circumstances of the offence
- Your criminal history
- If you are a person of good character
- Your personal life and mental health
- If you show remorse
First offence (No prior drink driving conviction)
Where the offender has not previously been convicted of an Excess 0.08 offence, the Court must impose a fine of not less than $900.00 and not more than $2500.00 The Court must order that the person be disqualified from holding or obtaining a drivers licence for a period of not less than 10 months.
First offence (With prior drink driving conviction)
For a first offence if the offender had previously been convicted of an Excess 0.08 offence, the Court must impose the minimum fine that would apply if the offence were committed under section 64 of the Road Traffic Act. The offender is presumed to have had blood alcohol content above 0.14g of alcohol per 100ml of blood.
First offenders will receive a minimum fine of $1600.00 and not more than $2500.00. The Court will also disqualify the person from holding or obtaining a drivers licence for a minimum of 18 months.
Subsequent offences
For any subsequent offending of this nature, the Court must impose a fine of not less than $2100.00 but not more than $5000.00. The Court may impose a term of imprisonment of up to 18 months, and must make an order that the offender be disqualified from driving permanently.
Any previous offending under section 63 of the Road Traffic Act (Driving Under the Influence – excess 0.15) shall be taken into account as a prior offence under this section.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with refusing breath test experience
Meet with lawyers who have successfully defended many clients charged with refusing a breath test.
- Past Cases
- Good Results
- Happy Clients
Our Process
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alledged refusing a breath test in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our traffic lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with refusing breath test experience
Meet with lawyers who have successfully defended many clients charged with refusing a breath test.
- Past Cases
- Good Results
- Happy Clients
The Law
Failure To Provide Sample Of Breath
Road Traffic Act 1974 (WA)
Road Traffic Act 1974 (WA)
“A person who fails to comply with a requirement of a police officer to provide a sample of blood, urine or breathe for analysis commits an offence.”
In Plain English
Basically, if you fail to cooperate with a requirement of a police officer when they ask you to provide a breath, blood, or urine sample, or to do a driver assessment, you are committing an offence.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with refusing breath test experience
Meet with lawyers who have successfully defended many clients charged with refusing a breath test.
- Past Cases
- Good Results
- Happy Clients
Possible Defences
If we can prove one of these defences together...
- There could be no criminal conviction recorded.
- You could have charges dropped before your court date.
- You could have the case thrown out of court.
- You could be found innocent in court.
Not the driver
It is a defence to prove that the accused person was not the driver of the motor vehicle.
Was not intentional
It is a defence to prove that the driver was driving was not intentional (an accidental skid etc.). However the likelihood is that at most the charge may be downgraded to dangerous or refusing a breath test.
Duress
Where the accused commits the offence as a result of violence, threat or other pressure against the accused.
Necessity
Where the accused had to ‘necessarily’ drive carelessly to prevent some greater harm.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with refusing breath test experience
Meet with lawyers who have successfully defended many clients charged with refusing a breath test.
- Past Cases
- Good Results
- Happy Clients
Possible Outcomes
What’s taken into account if you’re found guilty...
- The circumstances of the offence
- Your criminal history
- If you are a person of good character
- Your personal life and mental health
- If you show remorse
First offence (No prior drink driving conviction)
Where the offender has not previously been convicted of an Excess 0.08 offence, the Court must impose a fine of not less than $900.00 and not more than $2500.00 The Court must order that the person be disqualified from holding or obtaining a drivers licence for a period of not less than 10 months.
First offence (With prior drink driving conviction)
For a first offence if the offender had previously been convicted of an Excess 0.08 offence, the Court must impose the minimum fine that would apply if the offence were committed under section 64 of the Road Traffic Act. The offender is presumed to have had blood alcohol content above 0.14g of alcohol per 100ml of blood.
First offenders will receive a minimum fine of $1600.00 and not more than $2500.00. The Court will also disqualify the person from holding or obtaining a drivers licence for a minimum of 18 months.
Subsequent offences
For any subsequent offending of this nature, the Court must impose a fine of not less than $2100.00 but not more than $5000.00. The Court may impose a term of imprisonment of up to 18 months, and must make an order that the offender be disqualified from driving permanently.
Any previous offending under section 63 of the Road Traffic Act (Driving Under the Influence – excess 0.15) shall be taken into account as a prior offence under this section.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with refusing breath test experience
Meet with lawyers who have successfully defended many clients charged with refusing a breath test.
- Past Cases
- Good Results
- Happy Clients
