The breath test laws are pretty strict in NSW.
The breath test laws are pretty strict in NSW. Trevor Veale

Why you should never try to refuse a breath test

REFUSING to take a breath test can lead to a charge with the same penalties as a high range drink driving, officers from Northern Borders Highway Patrol have warned.

It comes after a video went viral of a Queensland driver refusing a police roadside breath test - and it appears he got away with it.

In the video, a man identified as "Mr Summers" refuses to take a breath test, throwing all manner of arguments at a clearly frustrated police officer, who eventually leaves.

The law caught up with Mr Summers this week when he appeared before the Noosa Magistrates Court.

But NSW Highway Patrol supervisor Sergeant Jarrod Langan said he doesn't "muck around" when it comes to a roadside breath test.

"It's no ifs or buts; if you refuse or fail a breath test you're under arrest," Sgt Langan said.

Sgt Langan said if you refuse a roadside breath test, you are arrested and taken back to the nearest police station for a mandatory breath analysis.

If the motorist refuses again, they will be charged with refusing to take a breath analysis and will go before the court.

Sgt Langan said in NSW, providing a roadside breath test in mandatory under law.

"Some people think it's their right not to supply breath, (but) that is incorrect," Sgt Langan said.

"As a driver in NSW, you must supply a sample of your breath if requested by police.

"The laws in NSW are clear."

Senior Sergeant Chad George said motorists can spill all the excuses they want but at the end of the day, the tests reveal the truth.

"The breath analysis doesn't lie," Snr Sgt George said.

"If they want to tell us the truth it's up to them, we go by what the reading says."

Thankfully, Snr Sgt George and Sgt Langan said they have only had a handful of people refuse a breath test and analysis.



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