If a police officer requests a person to provide saliva, blood, or a urine sample then that person must provide one as that person is obliged to provide one because it is a criminal offence (which carries serious consequences) for refusing to provide a test sample.


Below is a table of the penalties which are applicable for first time offences as well as second or subsequent offences.


First offence

Second (or subsequent offence)

Maximum Fine (Court-Imposed)




Maximum Term of Imprisonment

Not applicable

18 months


Minimum Licence Disqualification

6 months

12 months


Maximum Licence Disqualification




Automatic Licence Disqualification (a disqualification period that applies in the

absence of a specific court order)

3 years

5 years


Is it Subject to an alcohol interlock Order?





It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court.


Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.


*This article correctly reflects the Laws of NSW as at 19th October 2022.


*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.


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