QUEENSLAND OFFENCES

REFUSE BREATH/SALIVA TEST

In QLD, refusing or failing a breath or saliva test is a grave offence that often leads to more severe penalties than if the test was taken and failed. Attempting to evade detection doesn't lead to leniency; in fact, completing the test, even with a positive result, typically results in a lesser licence disqualification.

"Failing" to provide a sample differs from outright "refusal" in that it involves giving an inadequate sample, such as stopping mid-breath or inhaling instead of exhaling. Police may request a test if they suspect someone has driven, attempted to drive, or been in charge of a vehicle within the last three hours, or following a traffic accident involving injury, death, or property damage.

Refusing a breath test allows police to detain you for a blood test. Non-compliance can lead to additional charges under s. 80(11) of the Transport Operations (Road Use Management) Act 1995, typically resulting in harsher consequences than those for a positive test result.

The Penalties

Being found guilty of refusing or failing to provide a breath or saliva sample in QLD is treated as high-range drink driving (0.150 BAC), resulting in a minimum 6-month licence disqualification. Penalties can also include fines up to $5,338 or up to 6 months imprisonment, mirroring the consequences for driving under the influence of drugs.

If charged with refusing or failing an initial test (s.80(5A)), there's an immediate 24-hour driving suspension, though driving is permitted until court-imposed suspension. Eligibility for a work licence exists under this charge, assuming other criteria are met.

However, charges under s. 80(11) for failing to provide a required breath, saliva, or blood specimen lead to an immediate suspension lasting until court resolution, with no eligibility for a work licence.

Can I Defend The Charge?

Three main defences might apply to charges of refusing or failing to provide a breath or saliva sample, depending on your case specifics:

Medical Condition: If a medical condition prevents or complicates your ability to take the test, evidence of incapacitation or medical risk is required.
Unlawful Request: The defence may apply if the officer's request for the sample wasn't made lawfully or validly.
Substantial Reason: If there's a significant reason preventing sample provision, such as urgent need to assist someone or to ensure a child's or another person's safety.

Navigating these defences is complex, with significant penalties for conviction that could impact your future. Get in touch with us is crucial for tailored advice.