What powers do police have when conducting random breath tests?

Posted on September 15th, 2019 by drnksydneyD6

The short answer to this would be…

A lot.

At any time and (almost) any place, police have the legal right to pull you over for a random breath test.

There are some exemptions, but we’ll get to that in a bit.

When can police request a breath test?

✓ After pulling you over while driving
✓ When there is any belief that you had recently driven
✓ When you are supervising a learner driver
✓ If you’ve been in an accident (even if it wasn’t your fault)
✓ And many more…

When can police NOT request a breath test?

✗ If you’re within your property (including your driveway)
✗ If you have not driven during the last 2 hours
✗ If you have a medical reason that may worsen from it (however, a medical expert may take a sample from your blood or say you’re fit to take the test)

What if I don’t provide a sample?

If you refuse to undergo an RBT, a couple of things may follow.

#1. With new drink driving laws, you may get fined up to $3,300 if it’s your first time. Or up to $5,500 if it’s happened before.

#2. Necessary force may be used to take you to a police station for a breath analysis

If the result is negative for alcohol, am I free to leave?

Not necessarily.

If the police officer suspects you are in fact driving under the influence, they may request further samples.

But if you are in fact under the limit, you are free to continue driving.

What if I don’t agree with the results?

If the results are higher than you believe it should be, there are several things you can do.

#1. You can dispute the results and go to trial.

#2. Request a blood test for you to get analysed by a professional of your choosing

Don’t agree with your RBT results?

Want to dispute your drink driving claims or decrease your penalty?

Contact Drink Driving Defence Sydney for professional help today.

1300 333 069
team@dddaustralia.com.au