Being stopped by the police while driving: your rights
2. Breath tests
The police can stop you at any time and ask you to take a breath test (‘breathalyse’ you) if:
- they think you’ve been drinking
- you’ve committed a traffic offence
- you’ve been involved in a road traffic accident
If you refuse to take a breath test, or fail to supply a sample of breath and don’t have a ‘reasonable excuse’, you can be arrested. A reasonable excuse could be a genuine physical or mental condition stopping you from giving a sample.
The breath test gives a result straight away. If it shows you’re not over the drink drive limit, you may be allowed to go.
If you fail the breath test, you’ll be taken to a police station and given a final breath test. If it’s positive, you will be charged.
If the officer thinks you’re under the influence of alcohol or drugs, they can ask you to:
- take a drug test
- do a physical test (a ‘field impairment test’), eg walk in a straight line then turn around and walk back
You can be arrested if you fail the test.
If you fail a breath test you can’t drive your car until you’re sober. You can ask someone else to collect your car for you.