It is an offence to refuse to undergo a preliminary oral fluid test (Road Traffic Act s 66C(1); Road Traffic Act s 67(A)(1)).

Further, if a police officer requires you to:

• Provide a sample of your breath for analysis
• Provide a sample of your blood for analysis
• Accompany the police officer to a police station (or other place) and wait at that place.

It is an offence if you fail to comply (Road Traffic Act s 67(2)). Penalties for these offences include fines, driver’s licence disqualifications, and in more serious cases, imprisonment. If you had a substantial reason for failing to comply, it may be used as a defence. However, not wanting to give police information that could be used as evidence is not a substantial reason.

Our team at Assurance Legal can help ensure you achieve the best possible outcome if you are charged with failing to comply with a requirement. To discuss your charge and options going forward, contact Assurance Legal today.