What Is The Penalty For Refusing A Breath Test In Western Australia? - The Writters
May 23, 2024

What Is The Penalty For Refusing A Breath Test In Western Australia?

What Is The Penalty For Refusing A Breath Test In Western Australia?

What Is The Penalty For Refusing A Breath Test In Western Australia?

Breath tests are conducted to check the level of alcohol present in an individual’s bloodstream. This is mostly done by the police through small equipment. All you need to do is blow into it several times. The breath test is also called BAC or Blood Alcohol Content, and its readings are divided into groups that will determine your charges. The breath test is conducted on the roadside by the police to check the presence of alcohol in your blood. If there are no traces of alcohol, then you will be disqualified with immediate effect. 

Will the police officer ask for a breath analysis test?

During a preliminary breath test, the police find out the blood alcohol level to be 0.05, then it will vivify the police from assisting you to undergo a breath analysis test. But this is not the only way through which, the police officer will require to take a breath analysis test. If you refuse to undergo the preliminary breath test on the roadside, then the police have full power to legally require you for a breath analysis test. Refusing a preliminary breath test is termed unlawful in Australia.


What are the penalties you face if you refuse the breath test?

The penalties of refusing a preliminary breath test fall under Section 67 Aof the Road Traffic Act. The penalties for the preliminary breath test are less severe than the ones you will receive when you refuse to offer a sample for the breath analysis test. But some penalties are much severe than you think. In reality, you can reflect on the penalties, that are applicable for driving under the influence of alcohol under Section 63 of the Road Traffic Act. Given below are some of the penalties that you will receive if you refuse the breath test. 


  • For the 1st offense, you will be fined for more than 50 PU or less than 18 PU. But on a certain occasions, the court will disqualify you from obtaining or holding a driver’s license for a period of 10-months.


  • Under the 2nd offense, you will receive a fine for more than 70 PU or less than 42 PU. Otherwise, you might face 9-month imprisonment, and the court will order to disqualify you from holding or obtaining a driver’s license for 30-months.


  • For other subsequent offenses, the fine will not be more than 100 PU or less than 42 PU. You might face 18-months of imprisonment and will be disqualified from either getting or holding a driver’s license permanently.


How will the traffic lawyers help you when you refuse a breath test?

You will get fined or receive a more severe penalty if you refuse the breath test. So, if you charged for it, the traffic lawyers Perth will be there to help you. There are several ways through the traffic lawyers can provide you the service you need. Check below!


  1. Phone case assessment: You can talk about the situation boldly with the lawyers. The lawyers will discuss with you the alleged refusal of a breath test in detail. They will tell you what will happen and will tell you whether or not they can help you. You can get the process started with immediate effect through a phone call.


  1. Booking an appointment: You can book an appointment with the professional traffic lawyers as consulting with them will surely help you. Once you meet them face to face, they will listen to your queries, provide you advice, and review your documents. Once they know what you are experiencing, they will not waste a single moment to do everything to help you out of the mess you are in.


  1. Will provide consultation services: Once the drink driving lawyers Perth meet you, then they can indicate the results they aim to achieve. They will provide you with consultation services and will provide you with information on the legal path they wish to take with you. They aim to deliver you the best outcomes based on your experience and cases. All possible defenses will get explored, and they will answer all your questions.


Things you must consider when hiring traffic lawyers

Although there is many professional drink driving lawyers out there, you must opt for the one that has plenty of experience, knowledge, and understanding services. You can either take the help of the online platform or ask your family and friends to provide you with recommendations. Look at their qualifications, skills, and the law firm they are part of. 

Don’t forget to check the charges they take for their services. A trusted and professional traffic lawyer will not just provide you legal advice. But will do everything to make sure your charges are dropped.

Final words to share!

Refusing a breath test on the roadside is an offense that you must not commit. Doing so will lead to more severe charges where you might experience imprisonment. You can always take the help of professional attorneys to receive assistance and guidance on such matters.