Refuse or fail to submit to a roadside breath test
Road Transport Act 2013 (NSW) Schedule 3, cl 16(1)(a)
Get advice first
- Hanna Legal — for advice about your matter, call (02) 9268 0444.
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For advice about your matter, speak to Hanna Legal on (02) 9268 0444.
This page is sourced to the Act and section shown below and has been reviewed by Hanna Legal. It explains the law in general terms and does not tell you what to do in your own matter, and it does not create a lawyer–client relationship. Always confirm the current law and speak to Hanna Legal about your situation.
What it is, in plain English
A person, when required by a police officer, refuses or fails to submit to a breath test (the roadside screening test).
What the police must prove (the elements)
For a person to be found guilty, the prosecution must prove each of these beyond reasonable doubt. If even one cannot be proved, the charge should fail.
- A police officer required you to submit to a breath test under Schedule 3
- You refused or failed to submit to the test
Which court & maximum penalty
This is a summary offence — it is finalised in the NSW Local Court by a judge. There is no committal, no jury and no election to the District Court.
Maximum penalty: 10 penalty units ($1,100). No automatic disqualification — the court may disqualify at its discretion (s 204).
Time limits
Summary offences in NSW must generally be started (a court attendance notice issued) within 6 months of the alleged offence, unless the relevant law sets a different period (Criminal Procedure Act 1986 (NSW) s 179). Some offences have their own time limit, so this is a guide only.
Read the law
Opens the official NSW legislation website. Court Pilot's summary is a guide only — confirm against the in-force text.