QUEENSLAND
Know Your Rights If Pulled Over For a DUI Test
In shortBeing pulled over for a roadside breath test can be a harrowing experience – even if you know you haven’t had anything to drink. However, if you do find yourself in the situation where you have been drinking and decided to get behind the wheel, these stops can cause even more anxiety.
- Providing A Breath Test Sample
- Your Right to Speak
- What Happens After A Failed Test?
Queensland law · law checked 21 Oct 2026
This article was written before Queensland drink and drug driving penalties changed on 31 August 2026 (with further changes from 1 December 2026), so the penalties discussed here may not reflect current law.
What's on this page
Being pulled over for a roadside breath test can be a harrowing experience – even if you know you haven’t had anything to drink. However, if you do find yourself in the situation where you have been drinking and decided to get behind the wheel, these stops can cause even more anxiety.
Although the legislation differs between states and territories, you always have rights as a driver during one of these tests, and it’s important to know yours.
Australian laws in every state and territory show that drivers on their full licence should have no more than 0.05 blood alcohol content (BAC) when they get behind the wheel, and those on their learners or other special licences will be required to show a reading of 0. In order to check these amounts, police conduct random breath tests in a number of ways.
Unlike the United States where police need to have reasonable suspicion to breathalyse you, in Australia it is completely legal for an officer to pull you over at a roadside testing unit to see what your BAC is. Because it is such a common occurrence in this country, it’s helpful to know what your rights are if this should happen to you.
Providing A Breath Test Sample
If the police have asked you to provide a sample of your breath, in almost all cases you are required to do so. Refusing to cooperate with the test or giving an unsatisfactory sample, such as blowing with minimal effort, will mean you have refused a breath test and will be charged with this offence.
In Queensland, for example, refusing the test holds a maximum penalty of $4,000 and three months’ prison time.
Your Right to Speak
When pulled over, the police have the right to ask your name and address, and they must also inform you that not giving them this information is an offence for which you can be charged. You will also be required to produce your licence so that they can check your information, but nothing other than that is required of you. Both of these requests should be adhered to when pulled over for a mobile DUI test, regardless of what you think the outcome of your reading might be.
However, there’s no need for you to answer any further questions put to you by a police officer and you can exercise this right if you want. In addition, if you wish to film the encounter, you are also within your legal rights to do so, but be aware that this could inflame what may already be a tense situation.
What Happens After A Failed Test?
If the police do find that you’ve returned a reading above the legal limit on a mobile roadside test, they will ask you to take another test on a traditional breathalyser. If this also fails, you will need to leave your vehicle and accompany them to the nearest police station where a third and final test will be administered. This test will show a more definitive reading which will eventually be supplied to the court.
Although some people may find it a nuisance to perform this many tests, refusal to do so can result in far heavier fines and penalties than you would incur even on a high range drink driving offence. You do have the right to refuse the breath screening, though further charges.
The Day After You’ve Been Drinking
According to the Join the Drive QLD Government initiative, almost one in four Australian drivers don’t know when it’s legally safe to drive the day after drinking alcohol, and this can be one of the key times that offenders are picked up. Ignorance of this fact will not help you have your sentence lessened, but it is important to know so that you lessen your chances of being charged with a DUI offence in the future.
Call In A DUI Legal experienced
If you find yourself charged with a DUI offence, it’s essential to seek legal help from a professional with experience in these matters. The team at Boorman Lawyers are experienced lawyers in helping those charged with drink driving offences and we will work with you to get the most favourable outcome possible for you.
We invite you to call us on 1300 941 900 for a private and confidential discussion about how we can assist you.
Resources source link source link
What this courts across Queensland matter shows
Put simply: Ignorance of this fact will not help you have your sentence lessened, but it is important to know so that you lessen your chances of being charged with a DUI offence in the future. We appeared on this matter at courts across Queensland. The reading was 0.05. If you have been charged with refusing a breath test in Queensland, call Joshua on 1300 941 900 to talk about your situation.
Current Queensland traffic law covers refusing a breath test penalties in detail. Each case turns on its own facts, so treat this courts across Queensland result as general information, not legal advice. Call 1300 941 900 or make an enquiry about legal representation.
Law update since this post (checked 21 Oct 2026)
This post was first published on 12 October 2017. The narrative above is kept as published. These notes record later changes to the law.
- Queensland: Replace with: "In Queensland, failing to provide a roadside breath or saliva specimen carries a maximum of 40 penalty units ($6,908) or 6 months' imprisonment (TORUM s 80(5A)); failing to provide a specimen for analysis is treated as driving under the influence (s 80(11))."
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FAQs about this post
What was this refusing a breath test matter about?
Being pulled over for a roadside breath test can be a harrowing experience – even if you know you haven’t had anything to drink. However, if you do find yourself in the situation where you have been drinking and decided to get behind the wheel, these stops can cause even more anxiety.
How did courts across Queensland deal with it?
In order to check these amounts, police conduct random breath tests in a number of ways.
Has Queensland law changed since October 2017?
Published 12 October 2017. Read it with the dated notes on this page and the up-to-date Queensland guides.
Sources and date checked
Sources and references for this page, checked 21 Oct 2026.
- Original Boorman Lawyers post, published 12 October 2017 (read-only copy taken 21 Oct 2026) — checked 21 Oct 2026
This page is general information about Queensland law only. It is not legal advice. Every matter turns on its own facts.
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