Drinking And Driving - THE FACTS
charge of a motor vehicle which was involved in an accident.
This means the police cannot simply stop you at any time and insist on a breath test. They are entitled to randomly stop your car, but they can only insist on a breath test in one of the cases described above.
What Happens If The Roadside Test Is Positive, Or You Refuse, Or You Can't Give The Necessary Sample?
If your test comes out positive, or you won’t or can’t give the sample, you will be arrested and taken to the police station. There you will usually be asked to provide two specimens of breath for analysis (using approved evidential instruments — either an Intoximeter EC/IR, Lion Intoxilyzer or Camic Datamaster). If the two readings are different then the police are bound to take the lower reading. In the event that the reading is in excess of the prescribed limit you will have committed an offence and will be charged
It is not your right to choose to give a urine or blood sample instead. By failing to supply a breath specimen at the station you will be committing an offence, unless you have a reasonable excuse for doing so.
Simply being too drunk or unfit to supply the necessary breath specimen does not constitute a reasonable excuse.
Many people have an idea about the laws on drink driving, but it’s best to be absolutely sure of what the facts are.
When Can The Police Require A Breath Test?
Anyone who is driving, attempting to drive, or in charge of a motor vehicle, whether it be on the road or in a public place (for example a pub car park or a garage forecourt), may be required by the police to provide a breath test, in order to check that they are under the prescribed limit of alcohol, which stands at 35 micrograms of alcohol per 100 millilitres of breath (or 80 milligrams of alcohol per 100 millilitres of blood).
Only a police officer can make this request. The officer no longer has to be in uniform to require a preliminary test (breath test), but he does have to be uniformed to administer it (unless after an accident). The request can only be made in one of the following scenarios:
The police officer has reasonable cause to suspect that you have committed, or are currently committing, a moving traffic offence;
Having stopped them, an officer has reasonable cause to suspect that the person driving/attempting to drive/in charge of the vehicle has consumed alcohol;
The police officer has reasonable cause to believe that you were the person driving/attempting to drive/in
If you have a medical condition which precludes you from giving enough breath for the machine to give a reading, this may be accepted as an excuse. Any such condition should be made known to the police at the first opportunity.
You may be requested to give a sample of blood or urine as an alternative to a breath test in the event that:
No automatic measuring device is available at the time of your arrest, or the device used is malfunctioning;
The offence involves drugs and the police officer has taken medical advice that your condition may be drug-related;
The police officer making the request has reasonable cause to believe that there are health reasons precluding the use of a breath sample.