a person can be charged with refusing a breath test if they refuse to provide a sample for a preliminary breath test. They will be arrested and may be taken to the police station. If they are unable to provide a sample due to a medical or physical condition, then they will also be taken to a police station. At the police station they will be directed to provide a breath analysis, or a blood or urine analysis. If the police request a sample of blood or urine, then the test will be undertaken by a nurse or a medical practitioner. It is an offence to refuse to provide a sample for these tests.
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Penalties
For the offence of refusing a preliminary test the penalty is a fine and a minimum disqualification of 3 months for the first offence and 6 months for any further offence. In deciding if it is a first offence, the court will count other drink driving or drug driving offences as a previous offence.
For the offence of refusing a breath test the penalty is a fine and a minimum disqualification of 10 months for a first offence, 30 months for a second and life disqualification for any further offence. A community based order can be imposed for a first offence, and a community based order or an intensive supervision order also be imposed for a second or subsequent offence, however that order must include community work.