What Happens If You Refuse a Breath Test in WA?
If you’re pulled over by police in Western Australia and asked to take a breath test, your next decision carries serious legal consequences. Many people wonder, “Can you refuse a breath test?” The short answer is yes—but doing so may lead to penalties just as severe as failing one.
In this blog, we’ll explore your rights, the legal outcomes of refusing a breath test, and why engaging experienced traffic lawyers Perth can help you navigate the situation with the best possible outcome.
What Is a Breath Test?
A breath test (commonly known as a “breathalyser”) is used by WA Police to measure the alcohol content in your breath. There are two main types:
- Preliminary Breath Test (PBT): Conducted roadside during a random breath test (RBT).
- Evidentiary Breath Test: Performed at a police station or mobile unit and used as formal evidence in court.
Can You Refuse a Breath Test?
Legally, you can refuse a breath test, but doing so is considered an offence under WA’s Road Traffic Act 1974. It is treated similarly to a positive result. The law assumes that refusal may indicate guilt, and police have the authority to charge you even without a test result.
If you’re unsure of what to do in such a scenario, speaking with traffic lawyers Perth WA immediately can help clarify your rights and potential defences.
Penalty for Refusing Breath Test in WA
The penalty for refusing a breath test in Western Australia depends on several factors, such as prior offences and the type of test refused. Here’s a general breakdown:
1. First Offence:
- Fine between $1,500 and $3,000
- Disqualification from driving for at least 10 months
- Possible imprisonment for up to 9 months
2. Subsequent Offences:
- Fines can exceed $4,000
- Licence disqualification of 2 years or more
- Imprisonment up to 18 months
- Mandatory participation in an alcohol assessment and treatment program
Keep in mind that penalties can escalate depending on surrounding circumstances (e.g., refusal after an accident or refusal in a school zone).
Why the Law Treats Refusal Seriously
The law assumes that refusing a breath test could be an attempt to avoid evidence collection. To preserve the effectiveness of roadside enforcement, WA takes a tough stance on refusal. Even if you think you weren’t over the limit, not complying with testing procedures may result in harsher outcomes than a low-range DUI.
This is why engaging the best traffic lawyers early is critical—they may help argue procedural faults or mitigate the sentence based on personal circumstances.
Are There Any Legitimate Reasons to Refuse?
There are very limited exceptions where a refusal may be considered lawful, such as:
- Medical conditions preventing you from blowing effectively
- Mental incapacity at the time of the request
- Improper procedure by the police officer
However, you’ll need solid evidence to prove these claims. Traffic lawyers in Perth can help collect supporting documents, witness statements, or expert opinions to defend your case effectively.
How Police Respond to Refusal
If you refuse the test:
- You may be arrested on the spot and taken to a police station.
- You will be charged and served with a court notice.
- Your driver’s licence can be suspended immediately.
- If convicted, it will appear on your criminal record, affecting employment and travel.
The severity of these outcomes underlines the importance of legal representation.
How Traffic Lawyers Perth Can Help
Facing charges for refusing a breath test is serious, but not hopeless. Skilled traffic lawyers Perth WA can:
- Review police procedures to identify legal errors
- Negotiate for reduced penalties or alternative sentencing
- Represent you in court and argue for licence reinstatement
- Help you apply for extraordinary licences, if applicable
- Protect your record and minimise long-term consequences
The best traffic lawyers will take the time to understand your case, your background, and your options.
Your Next Steps After Refusing a Breath Test
If you’ve refused a test or been charged, here’s what to do:
- Don’t ignore your court notice.
- Contact traffic lawyers in Perth immediately to discuss your case.
- Collect documentation such as medical records or witness names, if relevant.
- Stay off the road until your licence status is clarified.
- Attend court fully prepared with legal support by your side.
Why Choosing the Right Lawyer Matters
When it comes to DUI and traffic offences, general legal advice isn’t enough. You need someone who understands WA’s traffic laws inside and out. The best traffic lawyers will not only know the law but also how local magistrates typically handle these cases. That insight can make all the difference.
Conclusion
So, can you refuse a breath test? Technically, yes—but the penalties in WA are steep and can affect your licence, livelihood, and reputation. With consequences on par with a drink driving conviction, refusal is rarely the safer choice.
If you’ve been charged with refusing a breath test, don’t go through it alone. Contact experienced traffic lawyers Perth to defend your rights, argue for fair outcomes, and protect your future.