Failure to Provide Sample
Is refusing or failing to provide a sample of breath or saliva an offence?
Yes. If asked by the Queensland police to provide a specimen of breath or saliva to determine if you are under the influence of alcohol or drugs you MUST comply with this request. If you refuse or fail to provide a breath or saliva sample when requested, you will be charged for failing to provide a sample. You can be convicted of this offence even if you had not consumed alcohol before driving. It is NOT a defence that you wish to seek legal advice before providing a sample for breath analysis.
It is an offence to refuse or fail to provide a suitable sample at the roadside and/or the police station.
What is the penalty for failing to provide a breath sample?
Failing to provide a sample of breath is a very serious offence. The penalty for such an offence is equivalent to a high range drink driving offence (.150%). This can result in a minimum disqualification period of 6 months and penalties up to and including a substantial fine or jail. You may also be subject to the alcohol ignition interlock laws. This is to avoid the situation where a person refuses a breath analysis on the basis that they will get a lesser penalty when they are aware that they are over the legal blood alcohol limit.
Is there a possible defence against this charge?
The only possible defence against failing to provide a sample of breath is if you physically cannot do so. This would be due to a medical condition that does not allow you to do so. There are very strict requirements in relation to this defence.
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