Fail to Undergo

Breath Test

Lawyers NSW

What is Failure to Undergo Breath Test

Failure to Undergo Breath Test occurs when a person is caught driving a vehicle on a public road and  refuses to submit to a roadside breath test, without having a reasonable excuse, such as a specific medical condition which would prevent the performance of the test.

Failure to Undergo Breath Analysis & The Law

This offence is governed under Division 2, Schedule 3 of the Road Transport Act 2013.

What the Prosecution need to Prove (Beyond a Reasonable Doubt):

  • The accused was driving a motor vehicle on a public road

  • The accused was asked to undergo a roadside breath test

  • The accused refused to undergo a breath test.


Going to Court – “What am I looking at?”

Failure to Undergo Breath Test carries a maximum penalty of a fine up to $1,100. The person’s Driver Licence will not be automatically suspended, however, the Court has the discretion to do so at the time of the Court date.

Lawyer Call – here to help..

Our experienced Traffic Team at Lawyer Call understand the intricacies of strong powerful please before Magistrates in the Local Court, demonstrating the client’s remorse, and pushing for the maximum discount on the sentence penalty.

Our Online Legal Conferencing Service, together with our dedicated correspondence and face to face consultations are just only some of the reasons Lawyer Call is the Defence Traffic Team you want on your side.

At Lawyer Call we will conference with you regarding your circumstances that gave rise to this charge and offer expert legal opinion on how to best deal with your Court proceedings.

Call our office today on 1300 LAW 111 for professional Traffic Law Advice.  



“I cannot begin to thank Paul for his tireless efforts with my case. Would recommend them anybody with a criminal matter their clear communication and expert advice got me my best possible outcome”


—  Casey, Nurse


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