-
5200+ Cases Defended Successfully -
99% of Our Work is Traffic Law -
Fixed Fees – No Hidden Costs -
5-Star Client
Reviews -
100% Confidentiality Guaranteed
Refused a Breath Test? You’re Not Alone – Here’s What Happens Next
If you’ve been charged with refusing a breath test in Victoria, you might be feeling scared, confused, or unsure about what’s going to happen. You might not even remember what you said or did when the police pulled you over. That’s normal. Many people in this situation feel the same way. Maybe you’ve never had trouble with the police before.
Maybe you thought you were doing the right thing. Or maybe you were just too stressed or panicked to think clearly in that moment.
Here’s what you need to know: yes, the law around refusing a breath test is strict. The penalties can be serious. But with the right legal help, this doesn’t have to ruin your future. At William Archer Defence Lawyers, we work with people just like you every week. This is not new to us. We know how these cases work, and we know how to help.
Refusing a breath test isn’t always as simple as saying “no.” Sometimes people try to blow into the machine but can’t. Sometimes they don’t understand what’s being asked.
Sometimes they panic and walk away. Police might still treat that as a refusal.
We’ve seen it all: drivers pulled over after a night out who weren’t sure what to do, people confused about the instructions, or folks who were honestly too anxious to blow properly. We’ve helped clients in all those situations. Some had their charges withdrawn completely. Others got their penalties reduced. The key was acting quickly and getting legal advice early.
We’re Here to Help
Visit us, call for a free consultation, or fill out the form to get in touch.
-
Address5/197 Springvale Road, Nunawading -
AddressLevel 40, 140 William Street, Melbourne
-
TelephoneCall us toll free on 1800 351 114 to speak with a lawyer.
-
SMSText us at 0412 100 780 with your first name, case type, and preferred call time (e.g. ‘Joe, drink driving, after 5pm’). We’ll arrange a barrister to call you back.
-
EmailEmail your charge, summons, and contact details to info@williamarcher.com.au, along with your preferred call time.
Contact Us for Expert Advice
Why Clients Choose William Archer Defence Lawyers:
- We deal with breath test refusal cases all the We’re not guessing.
- We know what police are supposed to do—and what they often get
- We explain things clearly and help take the stress off your
- We’re often able to get charges reduced or thrown
- We treat you with respect, not This is about helping you move forward.
So if you’re sitting there feeling anxious, wondering if you’ve ruined everything, take a deep breath. This isn’t the end of the road. There is a way through this. And we’re here to help you find it.
When Are You Required to Take a Breath Test?
In Victoria, the law gives police the power to ask drivers and a person supervising an L or P plater —or anyone they believe was recently driving—to take a breath test. It doesn’t matter if you’re swerving all over the road or just stopped at a booze bus. You don’t need to “look drunk” for them to make this request.
The Two Main Types of Breath Tests:
- Preliminary Breath Test (PBT): This is the first Police use a small handheld device and ask you to blow into it. This shows whether you have alcohol in your system. It’s quick and done on the side of the road.
- Evidentiary Breath Test: If the first test shows alcohol or if you refuse to blow properly, you might be taken to a police station or booze bus. There, you’ll do a second test using a bigger, more accurate This reading is what’s used in court.
When Police Can Ask for a Test:
- You’re pulled over for any reason (speeding, broken tail light, or random testing).
- You’ve been in a car accident or near-
- A police officer believes you were driving in the past 3
Even if you’re just sitting in the driver’s seat in a parked car, they can ask. If they think you’ve been drinking and driving, you’ll be required to take a test.
If you don’t cooperate, the police can charge you with refusing. This includes:
- Saying
- Pretending to blow but not doing it
- Stopping halfway through the
- Claiming confusion but not trying to
We’ve seen clients charged even when they thought they were cooperating. That’s why legal advice matters right from the start.
What the Law Says About Refusing a Breath Test
The Legal Rule in Plain Language:
Section 49(1)(e) of the Road Safety Act 1986 (VIC) says that it’s a crime to:
- Refuse to take a breath
- Not give enough breath when
- Refuse to go with police for a proper breath
“Refusal” doesn’t just mean saying the word “no.” It also means pretending to try and not really doing it. If the police believe you weren’t trying, they can charge you.
They don’t have to prove you were drunk. They just need to show you didn’t cooperate with testing when you were required to. This is what makes refusal offences so strict.
Why You Need a Lawyer for a Refusal Charge
If you’re thinking, “I didn’t mean to refuse,” you’re not alone. A lot of people find themselves in court after a misunderstanding. That’s where a lawyer can help.
We help you understand what’s going on, what your rights are, and how to fight the charge. Even if you think you’re guilty, we might still be able to help reduce the penalty or avoid a conviction.
What William Archer Defence Lawyers Will Do for You:
Did the officer follow the rules? Did they ask within 3 hours of you driving? Did they explain things clearly?
Were you sick? Panicking? Unsure what was happening? Did you try but couldn’t blow properly? Did you understand what was going on?
We collect evidence, speak for you in court, and work to get the best outcome.
Penalties for Refusing a Breath Test
You don’t have to explain yourself to a magistrate alone. We speak for you in court. You just need to be honest with us, and we’ll take it from there.
The consequences can be serious. The law treats it like you were caught drink-driving at a high level.
How it works
-
Contact Us for a free Case AssessmentCall us or submit the form to discuss your case with a traffic law expert.
STEP 01 -
Get Tailored Legal AdviceWe’ll review your case and provide clear, practical advice on your best legal options.
STEP 02 -
Strong Representation in Court (If Needed)If required, we’ll prepare thoroughly and represent you to achieve the best possible outcome.
STEP 03 -
Get the Best OutcomeWe'll fight hard to minimise penalties, protect your licence, get your charges dropped whenever possible, and avoid a conviction.
STEP 04
What Our Clients Are Saying
“Amalia from William Archer was really helpful and accommodating. She assisted me in every way she could do to enlighten me with my case. She is willing to help me more beyond expectation. Amalia is a gem!”
“They were great, The lawyer I had was straight forward, kind and clear and if you wasn’t sure about something they would explain it with better detail, I would recommend them”
“Happy to answer multiple Qs , didn’t rush me off the phone , happy to spend time and elaborate even though mine was a small case compared to most.
No sugar coating , very honest , no bs.
Thankyou to Ameia !
Kind regards
Brok…..”
"Dear Amalia, I hope this message finds you well. I wanted to take a moment to sincerely thank you for your invaluable advice and guidance regarding the infringement notice I received. Your insights were clear, practical, and provided me with much-needed reassurance during a stressful time. Your expertise and thoughtful... Read More
"This review is for Amalia Vicze - one of the best experiences Ive had when it has come to dealing with lawyers. Not only was she comforting, but brief, efficient and clearly great at her job. Despite the stress any individual may face when going to any lawyer, Amalia provided... Read More
"I had the pleasure of working with Luke, and I can't recommend him highly enough! Not only did he help me save my driver’s license, but he also made the entire experience much less stressful. Luke is incredibly down to earth and has a way of making you feel relaxed,... Read More
"What can I say, from Amalia to Luke, William ARCHER Lawyers were exceptional. Luke helped me every step of the way, explaining to me through every step and reassuring me as I was a nervy wreck with this being my first ever time in court. I was expecting a hefty... Read More
“I was fortunate to have Luke Simpson look after my case. Luke was a true professional to work with. Luke explained the process clearly, leading up to the case and also on the day. Great outcome, i highly recommend Luke’s services in this area.”
“Attorney Luke is very patient, polite, and able to provide the most professional legal advice and help in a timely manner. Many thanks to Luke and his team, highly recommended!”
“They gave me some valuable information free of cost and told me other lawyers would probably take you to court and lose and even charge you money that bit of information was given to me of cost”
What Can Happen:
| Offence | First Offence | Repeat Offence |
| Refusing roadside test | Fine, minimum 2 year licence disqualification | Larger fine, minimum 4 year disqualification |
| Refusing evidentiary test | Minimum 2-year licence disqualification | Up to 18 months jail, 4+ year disqualification |
Even a first offence means:
- Losing your licence for at least 2
- Paying a big
- Getting a criminal record (unless we can convince the court not to record it).
If it’s your second or third time, you could go to jail.
But not every case ends badly. We have had many of these cases withdrawn.
Is Refusing Ever Okay?
Almost never. But sometimes, yes—if you make it to the police station but have a reasonable excuse. That means a solid, proven reason the court will accept.
This is incredibly rare.
Also, if you can’t blow, police might ask you to do a blood test instead. If you say no to both, the court will likely convict you.
How Refusing Compares to Failing a Breath Test
Some people think refusing the test is safer than failing it. That’s not true.
Refusing is always worse:
- You’ll lose your licence for
- You might not be able to get a work
- You’ll face higher
- You might go to jail for a second or third
Courts see refusal as trying to dodge the system. It’s not a loophole. It’s treated like high- range drink-driving.
What Happens After You’re Charged?
Step-by-step:
- Police suspend your licence: Often on the
- You get court documents: Telling you when and where to
- First court date: You plead guilty or not
- Hearing or sentencing: If you plead not guilty, we prepare your case and defend you in court. If guilty, we argue for the best result.
We aim to:
- Avoid a criminal
- Get your fine
- Get the minimum disqualification
- Help you keep your job and your future plans on track.
Why Choose William Archer Defence Lawyers?
- We focus on driving 99% of our work is defending driving charges.
- We make things simple. No confusing legal
- We fight for your We care about the outcome.
You won’t be left wondering what’s going on. We explain everything in plain English and guide you from start to finish.
What To Do Right Now
Don’t wait. The sooner we talk, the better we can help.
Here’s what we do first:
- Review your police report
- Find any legal mistakes
- Advise you on your best path forward
- Request video footage
Call Us:
- William Archer Defence Lawyers at 1800 351 114
- Book a free consultation online
- Send us a scanned copy of your summons to info@williamarcher.com.au
Let’s protect your licence, your job, and your future.
Refusing a breath test is serious. But you’re not stuck. We can help you take back control. Call us today.
Common Questions About Refusal Charges
It doesn’t matter. Refusing the test is the offence, not what the result might have been.
Not at the start. Only if police offer it after you can’t blow properly.
Yes. That’s what we’re here for. And it might go better than you think.
Possibly – unless we can convince the court not to record a conviction. That’s what we aim for.