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Refuse or fail breath analysis

The penalties for PCA and DUI offences vary depending on your traffic record. If you have been convicted of a ‘major offence’ within the previous five years you may be subject to an increased penalty, a longer period of disqualification, and may need to have an interlock device fitted to your vehicle.

REFUSE OR FAIL BREATH ANALYSIS

Offence Fine Imprisonment Minimum Disqualification Automatic Disqualification
Refuse or Fail BAS $3300 18 months Not specified, however the court can disqualify you upon conviction under s204.

Where a prior conviction (within the past 5 years) was alcohol related:

Offence Initial Disqualification Period Minimum Interlock Period Disqualification Period if exemption order made
Refuse or Fail BAS Minimum 9 months
Maximum 12 months
48 months Automatic 5 years
Minimum 2 years

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