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What happens if I do not want to give a breath analysis when asked by a police officer?

I heard that if you refuse to take a breath test the penalty is not as bad as if you take the test and you blow over the limit. Can I just refuse to take the test?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 10-11-2015
1 Lawyer Answered
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  1. Driving & Traffic
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Jo Wilson, Macleod 3085

  • In New South Wales it is an offence to
    • refuse a breath test; or
    • fail to provide a sufficient sample for breath analysis.
  • The penalties for these offences are the same as for high range drink driving offences.
  • If you are convicted of either of these offences you could face a term of imprisonment even for a first offence.

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