NSW Drink Driving Arrest - Outcome If I Refused Second Breath Analysis?

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20 December 2014
Hi. I got arrested for drink driving. They asked me to blow a first time which I did, then the police officer said I was not sober and they brought me to their office.
At the police station they asked me to blow a second time, however 30 min went by between my first blow and their second request for the breath analysis.
Therefore I refused because I knew that my blood alcohol level had increased, I told them « it is unfair to ask me to blow a second time 30min later, I knew I got few drinks but my house was really near and I decided to go back home before that my blood alcohol level gets too high. I was expected to be sleeping in my bed at this moment, so you can use the first breath analysis but I am not going to blow another time ».
Consequently I will have to attend the court for the offence « refusing to submit to breath analysis ».

(My friend told me that the first breath analysis was not official/legal, thats why they asked to blow another time)

Do you have an idea about the likely outcome ?

Sarah J

Well-Known Member
16 July 2014
Melbourne, Victoria
Hi James,

The police are entitled to request you take a second breath test (or blood/urine test) if the first test shows you are above the allowed limit. You must conduct with the second test unless it has been 4 hours since you last drove. If you refuse, you commit and offence and may be liable for a fine (up to $3,300) or imprisonment.

Do I need a Lawyer

Well-Known Member
21 January 2015
Hi James,

The only breath test that the Police can use is the test that is conducted at the police station (or mobile RBT set-up). The roadside test is an indicative test only. So, if you refused to take the breath test at the station then you will be charged with an offence of failing to take the test. This charge is the same as if you were charged with High Range Drink Driving.



Well-Known Member
1 November 2014
Consequently I will have to attend the court for the offence « refusing to submit to breath analysis ».
Bad news there - the laws in each state tend to assume that you are well over the limit if you refuse any form of blood/alcohol test.

Ideally, police would have advised you of the penalty at the time.

With testing, results will usually be modified to allow for the recent consumption of alcohol.

It will possibly be defined in state legislation what the time limits are on testing - you'll need to find the relevant Act and have a look through it.

A court conviction for this will also have a huge affect on future car insurance - you'll most likely be denied coverage by almost all insurers.