...driving
If you refuse to provide a breath test when driving, you
could receive a maximum penalty of £5,000 fine and/or six months'
imprisonment. The court will impose a fine, community penalty or
custodial sentence.
You will also be disqualified for at least 12
months (two years if you have had two or more disqualifications in
previous three years) or at least three years if you have been
convicted of relevant offence (driving with excess alcohol/in
charge) within previous ten years.
| Nature of
offence |
Sentence |
Disqualification |
| Honestly held but unreasonable excuse |
Fine: 150% of weekly take home pay |
12 – 16 months
|
| Deliberate refusal |
Fine: 150% take home pay - high level
community order |
12 - 28 months
|
| Deliberate refusal where there is serious
impairment |
High level community penalty - 26 weeks'
custody |
29 - 36 months
|
If you are convicted/please guilty to this offence you will be
classified as a high risk offender and will have to pass a medical
before your driving licence is returned to you at the end of your
period of disqualification.
You will not have to re-take your test.
