Refusing a breath, blood, or impairment test is a serious offence under the Land Transport Act 1998 and carries the same disqualification consequences as drink driving. For limited licence purposes, refusal offences are treated as qualifying alcohol offences — meaning the interlock bar and repeat offence bar can both apply.
Refusal offence types
The Land Transport Act creates several refusal offences:
- s58(1)(a) — refusing to undergo a breath screening test
- s60(1)(a)–(c) — failing or refusing to undergo an evidential breath test or blood test
- s61(1), s61(2)(a) — failing or refusing to permit a blood specimen to be taken
- s62(1)(a) — refusing to undergo a compulsory impairment test
All of these are qualifying offences under section 65AB(1), which means they count for both the interlock sentence and the repeat offence bar.
Limited licence eligibility after a refusal
First offence, no prior convictions within 5 years
If this is your first refusal offence and you have no prior alcohol or drug driving conviction within 5 years, you may be eligible for a limited licence. The standard process applies:
- Wait 28 days (stand-down period)
- File the application and serve the police prosecutor
- Demonstrate hardship under s105
A first-time refusal without prior convictions does not trigger the interlock sentence because:
- There is no breath/blood reading to exceed the 800/160 threshold (s65AB(1)(b) does not apply)
- There is no prior conviction to trigger s65AB(1)(a)
Prior alcohol or drug conviction within 5 years
If you have a prior alcohol or drug driving conviction within the five-year window, two bars may apply:
- Interlock bar (s103(2)(e)) — the prior conviction within 5 years triggers the mandatory interlock sentence under s65AB(1)(a), which means s103(2)(e) bars the limited licence
- Repeat offence bar (s103(2)(d)) — two qualifying offences within 5 years is an absolute bar
Either bar alone is sufficient to prevent a limited licence application.
How refusals interact with the interlock regime
Refusal offences are listed among the qualifying offences in s65AB(1). However, the interlock trigger depends on how the qualification criteria are met:
| Trigger | Applies to refusal? | Explanation |
|---|---|---|
| High reading — s65AB(1)(b) | No | There is no reading (test was refused) |
| Prior conviction — s65AB(1)(a) | Yes | If prior alcohol/drug conviction within 5 years |
This means a first-time refusal (with no prior convictions in the window) will not trigger the interlock sentence. But a refusal combined with a prior conviction will.
Pre-court vs sentenced
If you have been charged with a refusal offence but have not yet been sentenced, you are treated as a pre-court applicant. This means:
- The disqualification has not yet been imposed
- The 28-day stand-down has not started
- You may have an existing suspension (e.g. police suspension) that allows a limited licence application
Pre-court applicants should seek legal advice promptly, as the eligibility analysis depends on the specific circumstances and timing.
What about defence?
This guide covers limited licence eligibility after a refusal offence. For information about defending a refusal charge — including evidential requirements, procedural defences, and sentencing — visit our sister site.