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Q908: Under what circumstances can I be stopped and given a breath test?

Answer

If a police constable reasonably suspects you are/have been driving, attempting to drive or in charge of a motor vehicle on a road or public road and:

  • You are under the influence of alcohol or drugs e.g. breath smells of alcohol, or
  • You have committed a moving traffic offence e.g. going through a red light, or
  • You have been involved in an accident

The PC can require that you take a preliminary breath test, field impairment test (FIT) or chemical drug test - PC must be in uniform to conduct these tests but not following an accident.

The police cannot stop a vehicle just to carry out a random breath test. They have to have a reasonable suspicion that the person has consumed alcohol or drugs. However, once the vehicle has been stopped for, perhaps, a routine check, this can be ascertained through the smell of alcohol, slurred speech or glazed eyes etc. Failure to comply with a request to carry out a breath test is an offence and the penalty is the same as if you had been convicted of being over the limit.

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Tiredness at the wheel, or driving fatigue, will impact a person’s ability to focus and therefore their standard of driving. Research has shown that driver fatigue may be a contributory factor in up to 20% of all road accidents, and police statistics suggest up to around 4% of fatal road crashes are contributed by fatigue in the UK. 6am is the time when most drivers are likely to fall asleep, this is 20 times more likely than the safest time (10pm at night).
 
Falling asleep while driving would be classified as dangerous driving. Please see Q912 (What is dangerous driving?) for further information regarding the offence of dangerous driving, and see the linked essential guide regarding driver fatigue for further information regarding tiredness at the wheel.

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The only safe limit of alcohol to have in your blood and drive is zero!

It is not advisable to even have one drink and drive as alcohol impairs your judgement and lessens your reflexes. The official amount of alcohol is 35 microgrammes per 100ml of breath reading, this cannot be translated into an exact amount of units as it depends on many factors, height and weight, the time when last drink was consumed etc, so the best advice is not to drink at all or to order a taxi.

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You should report the person to the police or if you wish to do so anonymously via Crimestoppers (Please see the Crimestoppers website in Related Information). The information that the police require before they can act is the registration number of the vehicle involved, the person's name, description and if possible the address and details of any regular journeys that this person makes e.g. every Thursday night at approximately 2330hrs B leaves the pub and drives the same route home.

With the information you have provided, the police can then potentially wait for the vehicle somewhere along that route to stop the car.

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There are three offences that you could possibly be charged with:

  • Drive a motor vehicle whilst over the permitted limit (OPL)
  • Attempt to drive a motor vehicle whilst OPL
  • In charge of a motor vehicle whilst OPL.

The third option may be the most relevant. You must show that there is no likelihood of you driving whilst you are over the limit, otherwise you will commit this offence.

It would depend on the circumstances in which you were found by the police that would determine which if any of the above charges would apply.

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Sucking a copper coin or chewing gum will have no effect whatsoever on the breath test machine or on the results.

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Question

Q908: Under what circumstances can I be stopped and given a breath test?

Answer

If a police constable reasonably suspects you are/have been driving, attempting to drive or in charge of a motor vehicle on a road or public road and:

  • You are under the influence of alcohol or drugs e.g. breath smells of alcohol, or
  • You have committed a moving traffic offence e.g. going through a red light, or
  • You have been involved in an accident

The PC can require that you take a preliminary breath test, field impairment test (FIT) or chemical drug test - PC must be in uniform to conduct these tests but not following an accident.

The police cannot stop a vehicle just to carry out a random breath test. They have to have a reasonable suspicion that the person has consumed alcohol or drugs. However, once the vehicle has been stopped for, perhaps, a routine check, this can be ascertained through the smell of alcohol, slurred speech or glazed eyes etc. Failure to comply with a request to carry out a breath test is an offence and the penalty is the same as if you had been convicted of being over the limit.
 
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