What is the offence?
If you are asked by the Queensland police to provide a sample of your breath to determine whether you are drink driving, you must comply with their request. If you fail to provide the breath sample when requested, you can be charged with failing to provide a sample. You can be convicted of this offence even if you had not consumed any alcohol before driving.
What is the penalty?
This offence is generally treated in the same way as if you were driving with a blood alcohol concentration of 0.15% or above which results in a minimum licence disqualification period of 6 months as well as a fine.
Frequently Asked Questions
Q: What if I didn’t refuse to provide a sample but was simply unable to do so?
A: Many people get nervous when providing breath sample which can affect their ability to provide enough breath. There are also medical conditions which can prevent a person from providing the breath sample. In these circumstances, there may be a defence available and you should speak with an experienced traffic lawyer for advice.
Please contact us if you have been charged with failing to provide a sample.