Drinking and Driving

[woodfellow]

When first introduced in the early seventies, the law required a motorist to have committed a moving traffic offence before he/she could be stopped and asked to give a breath sample. Random breath tests were not allowed. What is the current situation. Has the law changed, or are the Police bending the rules?

[Panic Button]

The law doesn't take much bending.

They only need a minor excuse to stop you, such as wandering a bit in the lane.

Once stopped they only have to say the think they may have smelt alcohol to ask for a breath.

[woodfellow]

I'm referring to the pre-arranged stopping of motorists, say every other car, as happend in my area on two consequtive mornigs last week, and asking for a breath sample

[fredpuli47]

The law has changed since those early days.An officer can demand a breath sample if he suspects that you have been drinking.The police are allowed to stop traffic.As the cases stand there is now nothing to prevent the police stopping every car and, on suspecting then that the driver has been drinking, demand a breath test.Of course, in the 'old days' the police were quite happy to treat anything and everything as either a moving traffic offence or as grounds for thinking that the driver was driving under the influence ! In the very early days you could demand trial by jury and be acquitted because they all felt sympathetic, whatever your technical defence was. Times have changed, that right has gone and the law is much stricter and simpler.

[woodfellow]

Thanks Fredpuli47. During these random stops,drivers are invited to give a breath sample to the police officer whether he/she can smell drink on them or not. .Most do so because they are being public spirited-but what if they refuse because they do not drink alcohol? What happens next?

[LOZZER1]

If it keeps the drink drivers off the roads i would be for them stopping everyone, and if you dont drink and you get stopped then you just need to understand the reasons why they do it

[woodfellow]

Thank you LOZZER1-but i am looking for a legal answer to my question.

[Yorkie580]

If the officer requires you to provide a breath sample and you refuse then you are liable for arrest/report for summons - if convicted you will get a ban and fine.

You can be required to provide a sample following a moving traffic offence, if you are involved in a accident, or if the officer suspects you of being under the influence.

Legally you can be stopped with no reason (The Road Traffic Act makes it an offence not to stop when required to do so) although usually there will be some sort of reason.

However if you are simply invited to then it would be different.

Be straightforward and polite and ask if you are required to provide a sample. If the answer is yes then take it. If not then say you would like to decline if it is voluntary. However, refusal because you don't drink isn't a defense in law.

Some people who are asthmatic can't provide breath samples and will get arretsed - a sample of blood or urine is then "required" at the police station and as long as one of those samples is provided the "refusal" will not be proceeded with.