What are your rights and obligations about stopping for a breath test?

Drink driving offences are considered very seriously under UK law. The drink driving penalties that can apply are quite serious. Drink driving penalties range in type and severity, but cover all types of offences, including failing to stop for a breath test.
A preliminary roadside breath test is a procedure where the police ask a person to provide a sample of breath to indicate whether the proportion of alcohol in the person’s breath is likely to exceed the prescribed limit. They are administered by uniformed police using the prescribed devices. In order for the police to require a person to undertake a breath test, the person must have been driving, attempting to drive, or in charge of the vehicle.

In addition, the police can only require a person to take a breath test if the person has committed a moving traffic offence, such as driving over the speed limit or failing to stop at a stop sign; if they have been involved in an accident; or if the police have grounds to suspect they have consumed alcohol above the legal limit, such as driving erratically or if they have just driven out of a pub car park. The police do have the power to stop any vehicle at any time and they may ask if the driver has been drinking. If the driver replies yes, the police will have grounds to ask them to take a breath test.

If a driver passes the breath test, that is the test shows there is no alcohol in their breath or it is below the legal limit, the police must release them and no further action can be taken. If the test is borderline, the police can take the driver to the police station where another test will be conducted. It is the police station test and not the road side test that will be used to convict a person of a drink driving offence. A driver who fails the test will be arrested on suspicion of a drink driving offence and taken into custody. A further test will be conducted at the police station, which occasionally a person may successfully pass.

If a person refuses to take a road side breath test when they are required to, they will commit the offence of failing to cooperate with a preliminary road side test, regardless of if you are subsequently found to be under the legal limit. The drink driving penalties for this offence are a driving ban and a fine of £1,000. If the person was sober or under the legal limit when they refused, the court may agree to lesser drink driving penalties of only four penalty points instead of a driving ban.

For further legal advice on breath tests, it is advisable to contact a specialist solicitor with expertise in this area of criminal law. A solicitor will assess the person’s situation and provide them with legal advice and representation if necessary to avoid the worst drink driving penalties being applied.