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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. 


For more information on Drink or Drug Driving click HERE


Or contact us today for some advice. 

Contact Us


Queensland Traffic Lawyers

(07) 5532 3133


Gold Coast Office

44 Davenport St

Southport QLD




Brisbane Office

1/420 George St

Brisbane QLD



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