Refuse or fail to provide a blood, oral fluid or urine sample

A person, when lawfully required by a police officer, refuses or fails to submit to the taking of a blood sample or to provide an oral fluid or urine sample.

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.

1. A police officer required you to comply with a lawful requirement under Schedule 3
2. The requirement was to submit to the taking of a blood sample, or to provide an oral fluid or urine sample
3. You refused or failed to comply

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: First offence: 30 penalty units ($3,300) or 18 months imprisonment. Second or subsequent: 50 penalty units ($5,500) or 2 years imprisonment. Automatic disqualification 3 years (minimum 6 months) first offence; 5 years (minimum 12 months) second or subsequent (s 205). A mandatory alcohol interlock order normally applies. Refusing a roadside breath test, or breath analysis, are separate offences — see those charges.

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.

Opens the official NSW legislation website. Court Pilot's summary is a guide only — confirm against the in-force text.