DR70 FAILURE TO CO-OPERATE WITH PRELIMINARY Roadside Breath TEST
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DR70 - Failing to co-operate with preliminary roadside breath test |
| Drink drive offence |
The offence is fully committed when a person fails (and failure includes refusal) to co-operate with a preliminary roadside breath test when required to do so. The person must have been either driving or attempting to drive or in charge of a motor vehicle. |
| Also known as |
Failing to provide a roadside breath test, refusing to provide a specimen of breath when stopped by the Police, Failing to co-operate with a preliminary breath test. |
| Drink driving law |
Road Traffic Act 1988 - Section 6(6) |
| Maximum penalty |
Discretionary driving ban |
| Maximum fine |
£1,000 |
| Minimum penalty |
4 penalty points in exceptional circumstances. |
| Punishment guidelines |
Driving ban of between 12-36 months, subject to possible 25% reduction for attending drink driving rehabilitation course. |
| Endorsement code |
DR70 - Fail to co-operate with preliminary roadside breath test |
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Medical required ?
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Does one have to have a medical if one has ever had two drink driving offences or is it just if there have been two offences in the last ten...Read more
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Section 6A(1) states that a preliminary breath test is "a procedure whereby a person to whom the test is administered provides a specimen of breath to be used for the purpose of obtaining by means of a device approved by the Secretary of State an indication of whether the proportion of alcohol in the person's breath or blood is likely to exceed the prescribed limit".
If you refuse a roadside breath test you will be arrested and will be asked to provide a sample of breath, blood or urine at the police station. Refusing being tested at the police station will result in a separate charge (DR30, DR60) , as will providing a sample and being found to be unfit through drink and/or drugs (DR10, DR20, DR80, DR40, DR50, DR90).
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