Likely Penalties for Insufficient or Refusal to Submit for Breath Analysis

As distinct from breath testing, which usually occurs on the road side, breath analysis is the procedure which the Police may request that a person undergo after arrest. This offence is committed by a person who was the driver of a motor vehicle on a public road and when required to submit to breath analysis either refuses or fails to provide a sufficient sample. It is not a defence to refuse breath analysis on the basis that you wanted to seek legal advice before providing a sample for breath analysis.

What Penalty Am I Likely To Receive In My Refusal Of Breath Analysis Offence?

Fortunately, NSW Courts when sentencing offenders for Refusal of Breath Analysis Offences take into account your unique circumstances (including your character, driving record and need for a licence) as well as the unique circumstances surrounding the offence. In other States, offenders are treated like a number – everyone receiving the same penalty irrespective of their personal circumstances.

This means the penalty you will receive at Court cannot precisely be predicted. However, the information on this page will give you a good idea of the range of penalties the court can impose. If you would like more personalised advice, please complete the form at the bottom of this page and we will give you our expert advice free of charge.

Maximum Penalties For Refuse To Undergo Breath Analysis

First major offence committed in NSW within last 5 years

  • Maximum fine of $3300 or imprisonment for 18 months or both

Second or subsequent offence committed in NSW within last 5 years

  • Maximum fine of $5500 or imprisonment for 2 years or both.

Penalty Types for all Refusal to Undergo Breath Analysis (489 cases):

Disqualification Periods for Refusal to Undergo Breath Analysis (465 cases):

Click here to complete a likely penalty enquiry form.


In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.


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