By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 14 April 2026.
In Western Australia, as in all other states of Australia, the police have the authority to stop vehicles and require the driver or another defined person to take certain tests to check how much alcohol they have in their blood (their Blood Alcohol Content).
There are two tests that drivers in Western Australia may be asked to take. The first is known as a preliminary breath test and is performed away from a police station. If that test detects the presence of alcohol in the driver's breath then they will be asked to undertake a second breath test or a blood or urine test. The rules that govern these offences are set out in the Road Traffic Act 1974.
Police may request a breath test after any traffic violation or accident. They also have the authority to request a breath sample from anyone who they suspect may have been the driver of a vehicle that was involved in an accident, if they do not know the identity of the actual driver. Police can also stop any vehicle and request a breath sample from any person who is or was driving or attempting to drive or ride the vehicle, or who is instructing a learner driver on a road or on a road-related area.
Refuse Preliminary Breath Test
In Western Australia, a person can be charged with refusing a breath test if they refuse to provide a sample for a preliminary breath test. They will be arrested and may be taken to the police station. If they are unable to provide a sample due to a medical or physical condition, then they will also be taken to a police station. At the police station they will be directed to provide a breath analysis, or a blood or urine analysis. If the police request a sample of blood or urine, then the test will be undertaken by a nurse or a medical practitioner. It is an offence to refuse to provide a sample for these tests.
Refuse Breath Analysis
If the police officer directs that a person undertake a breath analysis it will be usually be done at the police station with a machine that measures the blood alcohol content and provides a print out. If an insufficient sample of breath is provided for the machine to make a reading, the print out will show that. In those cases, the police will then direct further testing, usually by the taking of a blood sample. Refusing to provide a breath sample for analysis, or another type of sample if directed, is an offence.
Defences to Refuse a Breath test or a Preliminary Breath Test
A person does not have to provide a sample of their breath for analysis if more than 4 hours have passed since the time when the police could have requested that test. A person does not have to provide a sample of their breath if they are unable to do so due to medical or physical reasons. Medical evidence will usually be needed to prove this. If a person is in hospital or is receiving treatment for an injury then the police can direct the treating medical officer to take a blood test to determine the blood alcohol concentration, unless it would be medically dangerous to do so. If a blood sample is taken, the driver will be provided with their own sample so that they can arrange their own testing.
Penalties
Refusing the preliminary (roadside) breath test is an offence under section 67A of the Road Traffic Act 1974. For a first offence the fine is $450 to $1,200 and the minimum disqualification is 3 months; for any later offence the fine is $900 to $2,100 and the minimum is 6 months. In deciding if it is a first offence, the court counts earlier drink driving, drug driving and refusal offences. It is a defence if you then complied with a requirement to give a breath sample for analysis or a blood sample.
Refusing to give a breath sample for analysis, to allow a blood sample to be taken, or to go with police for testing is an offence under section 67(2). For a first offence the fine is $2,050 to $5,650 and the minimum disqualification is 15 months (higher with an earlier conviction at 0.08 or more: $2,400 to $5,650 and at least 18 months). For a second offence the fine is $4,750 to $7,900 or up to 9 months' imprisonment, and at least 42 months' disqualification. For any further offence it is $4,750 to $11,250 or up to 18 months' imprisonment, and permanent disqualification. Every conviction triggers the alcohol interlock, and police may serve an immediate 2-month disqualification notice. If police tell you a crash killed or injured someone and explain the consequences, refusing is a crime carrying up to 14 years' imprisonment. The minimum disqualifications cannot be reduced. Figures from the Road Traffic Act 1974, read 22 October 2026; the full table of WA drink driving penalties sets out every reading.
If you require legal advice or representation in a drink driving matter in WA, please contact Go To Court Lawyers. You can reach us 24 hours a day on 1800 577 015, contact us online or book a consultation with one of our experienced lawyers.