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Refusing a Blood Test in Queensland
Updated on Apr 13, 2023 • 3 min read • 410 views • Copy Link
Refusing a Blood Test in Queensland
In Queensland, police may conduct random breath/saliva tests to determine whether a person was driving under the influence of drugs or alcohol. Queensland police also have the power to conduct blood tests in certain circumstances. Failing to comply with a blood test may result in a term of licence suspension, a fine or even a term of imprisonment.
When may police take a blood sample?
Like other aspects of driving under the influence of drugs and alcohol, blood testing is governed by the Transport Operations (Road Use Management) Act 1995. Under this Act, a person may be required to provide a sample of blood in a range of situations, including:
- If the person appears to be affected by a substance
- If the person refuses or fails to give a sufficient saliva/breath sample
- If the breath/saliva machine malfunctions or does not show a reading
- If the person provides a medical certificate explaining they cannot provide a breath or saliva sample
- If the person has been arrested for an indictable offence connected to the driving of a vehicle
Once a person has been required to provide a blood sample, the test may be completed at a police station, hospital or other health care facility. It is typical for two samples to be taken at the time of testing. This allows the offender to have their own sample individually tested.
It is important to note that a person cannot be subjected to a blood test if more than three hours have passed since they were in control of a motor vehicle.
Offences
The Act contains a number of offences relating to failing to comply with the taking of a blood sample.
Failing to provide a blood sample
A person who refuses to provide a blood sample to the police will be considered guilty of the offence of driving under the influence. The driver will be liable to the same penalty that applies to that offence, including a period of licence disqualification. Typically, a person who fails to provide a blood specimen upon request will have their licence suspended immediately until the matter has been finalised by a court.
A first time DUI offender in Queensland may be fined up to 28 penalty units or imprisoned for up to nine months. A second time offender (with a prior conviction within the last five years) may receive a fine of up to 60 penalty units or imprisonment of 18 months.
It is important to note that the driver will also be disqualified from driving for a period.
Defence
A person charged with failing to provide a blood sample has a legal defence if the request was not lawfully made. Similarly, the alleged offender will not be guilty of an offence if they were legitimately incapable of providing the specimen for medical or other reasons.
Obstructing the taking of a blood specimen
A person who obstructs a nurse or doctor when taking a blood specimen from another person is guilty of an offence and may be liable for a fine of up to 40 penalty units.
Driving while suspended
A person who drives whilst suspended for failing to provide a sample may be fined or imprisoned.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
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Michelle Makela
National Practice Manager
Michelle Makela is a Legal Practice Director at Go To Court Lawyers. She holds a Juris Doctor, a Bachelor of Science (Psychology) and a Master of Criminology. She was admitted to practice in 2006. Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.
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