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| YOU ARE HERE: Home > Police Procedure (Frequently asked Questions) |
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Drink Driving Police Procedure
Frequently asked questionsCan a police officer just pull me over and randomly breathalyse me?The police have the power to randomly stop vehicles, however they cannot perform random preliminary breath tests. They can only make a requirement that a person comply with a preliminary breath test if they reasonably suspect that:-
The police can also make a requirement that a person comply with a preliminary breath test if they reasonably believe that the person was driving, attempting to drive or in charge of a vehicle at the time of an accident.
Can a police officer require a breath test in my own home?As long as a police officer is not trespassing on a suspects property then any breath test requirement they make will be lawful.
Can a police officer force entry in order to require a breath test?Section 6E ss (1) of The Road Traffic Act 1988 (revised) [1] grants a police officer the power to enter any place (using reasonable force if necessary) in order to impose a requirement to provide a preliminary breath test IF AND ONLY IF:
However, section 17 ss (1)(c)(iia) of The Police and Criminal Evidence Act 1984 (revised) [2] grants a police officer the power to enter any premises in order to arrest an offender under section 4 (driving, attempting to drive or in charge when under the influence of drink or drugs) or section 163 (failure to stop when required to do so by a constable in uniform) of The Road Traffic Act 1988 (revised) [1].
Will I have to be interviewed by the police once arrested?In many drink driving cases, formal recorded police interviews under caution may not be carried out and are not necessary. The purpose of recorded police interviews under caution are to gather evidence about a persons involvement or suspected involvement in a criminal offence. If there is already sufficient evidence against a person to provide a realistic prospect of conviction for a particular offence in a court of law then a formal recorded police interview may not be needed. For example if a person is pulled over by police officers whilst driving and subsequently provides a specimen that proves the alcohol in their system exceeded the maximum prescribed legal limit then no further evidence is likely to be needed in order to secure a realistic prospect of conviction in a court of law. The fact that they were witnessed by police officers driving and the evidential specimen they provided was above the legal prescribed limit will usually be enough evidence to secure a conviction. On the other hand, police officers investigating offences of being 'in charge' of a vehicle will interview suspects in order to establish whether or not there was any real risk of the suspect driving the vehicle while being over the legal prescribed limit. In cases where the identity of the driver is unclear an interview would also be carried out.
In cases of a juvenile, does an appropriate adult need to be present?In cases where a juvenile has been arrested and detained at a police station for a drink driving related offence there is no requirement for the police to wait for an appropriate adult to be present in order to commence the evidential breath testing procedure. Procedures under the Road Traffic Act 1988 do not constitute an interview and therefore should not be unduly delayed until an appropriate adult is present.
If I am unlawfully arrested can I still be charged & convicted of a drink driving offence?If you are unlawfully arrested then you can still be required to provide a specimen for analysis and subsequently charged with an offence. However, in this situation a court does have the discretion under section 78 of The Police and Criminal Evidence Act 1984 (revised) [2] to refuse to admit any evidence of anything that occurred after an illegal arrest was made.
Reference[1] The Road Traffic Act 1988 (revised) [2] The Police and Criminal Evidence Act 1984 (revised) |
