Road side breath tests

If a police officer is investigating an allegation of drink driving on a public road he may require the person he suspects of drink driving to provide a sample of breath at the roadside.  The power to require you to take part in a roadside breath test are governed by section 6 of the Road Traffic Act.  This power actually refers to preliminary tests, which can include things such as breath tests and sobriety tests.  But for ease, we'll just talk about roadside breath tests.

The police do not have a blanket power to require drivers to provide a roadside sample.  This article will look at the circumstances in which the police can require you to provide a roadside breath sample.

When can the police make you take a breath test?

It may sound strange but the police do not have to be investigating an allegation of drink driving to make you take a roadside breath test.  There are four grounds for requiring a breath test, which are contained in section 6 of the Road Traffic Act 1988.

Although we use the word “driving” you should understand that driving in this context means, “driving, attempting to drive or being in charge of a motor vehicle”.

Drink driving

The test that triggers a road side breath test is when a police officer reasonable suspects that you are under the influence of alcohol of drugs.  You'll note that this doesn't mean drunk, incapable or unfit.  Nor does it mean that the officer must think that you are drink driving.  It is a deliberately low threshold intended to limit challenges to the lawfulness of the roadside breath test procedure.

The first reason for requiring a breath test is the police officer has seen you driving and suspects you to be under the influence of drink or drugs.  This reason would usually arise where your driving was erratic or unusual, e.g. you were swerving or driving unusually slowly, etc.

The second reason is that a police officer believes you were driving he can require you to take a roadside breath test.  A common example of this is where a vehicle registered to you is seen driving erratically or committing an offence but is not stopped.  Later, the police come to your home, find the vehicle outside your home and form the opinion that you are under the influence.

Traffic offences

The police may administer a roadside breath test where they suspect you are or have been driving and you have committed a traffic offence.  The police do not have to suspect that you were drink driving or that you were unfit drive in anyway; they do not even have to suspect that you were under the influence of alcohol or drugs.

Road Traffic Accidents

Where an accident occurs “owing to the presence of a motor vehicle on a road” and the police officer reasonable suspects that you were driving, attempting to drive or in charge of the vehicle at the time he may require you to provide a roadside breath test.

The wording of this section makes clear that your vehicle need not be involved in the accident, i.e. you don’t have to have crashed.  It is sufficient if somebody says that the accident occurred because of your car, e.g. you emerge from a junction suddenly causing another vehicle to swerve and hit another car.

Once again, the police do not have to suspect that you are drink driving to rely on this power.

Getting help

You can find out more about breath tests and get help with drink driving allegations from www.londondrinkdrivingsolicitors.co.uk