UK Law. Do the Police have powers .......?

Question

to RANDOM breath test or do they still need 'Reason to believe' to legally ask you for a breathalyser?

Answer 1

The RoadTraffic Act 1998 states that ;

Where a constable in uniform has reasonable cause to suspect
(a) that a person driving or attempting to drive or in charge of a motor vehicle on a road or other public place has alcohol in his body or has committed a traffic offence whilst the vehicle was in motion, or
(b) that a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place with alcohol in his body and that that person still has alcohol in his body, or
(c) that a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place and has committed a traffic offence whilst the vehicle was in motion,
he may, subject to section 9 of this Act, require him to provide a specimen of breath for a breath test.

(2) If an accident occurs owing to the presence of a motor vehicle on a road or other public place, a constable may, subject to section 9 of this Act, require any person who he has reasonable cause to believe was driving or attempting to drive or in charge of the vehicle at the time of the accident to provide a specimen of breath for a breath test.

(3) A person may be required under subsection (1) or subsection (2) above to provide a specimen either at or near the place where the requirement is made or, if the requirement is made under subsection (2) above and the constable making the requirement thinks fit, at a police station specified by the constable.

(4) A person who, without reasonable excuse, fails to provide a specimen of breath when required to do so in pursuance of this section is guilty of an offence.

(5) A constable may arrest a person without warrant if—
(a) as a result of a breath test he has reasonable cause to suspect that the proportion of alcohol in that person’s breath or blood exceeds the prescribed limit, or
(b) that person has failed to provide a specimen of breath for a breath test when required to do so in pursuance of this section and the constable has reasonable cause to suspect that he has alcohol in his body,
but a person shall not be arrested by virtue of this subsection when he is at a hospital as a patient.
(6) A constable may, for the purpose of requiring a person to provide a specimen of breath under subsection (2) above in a case where he has reasonable cause to suspect that the accident involved injury to another person or of arresting him in such a case under subsection (5) above, enter (if need be by force) any place where that person is or where the constable, with reasonable cause, suspects him to be.

So in essence we need a reason to breathalise but can however randomly stop cars to ascertain whether or not a person has been drinking. Obviously the power to breathalise will come from an admission from the driver or the smell of intoxicants on the breath of the driver.

Answer 2

1

Answer 3

A police officer can stop you if he suspects you're driving under the influence, the law does not define on what basis he has to form the opinion.Therefore you can be stopped for a 'routine check' during which he can form the opinion and request a sample, so In reality, that translates to random breath tests.

If you're stopped following a moving traffic offence or an accident, there is no requirement for suspicion and a breath test can be requested automatically.

Following an accident, a police officer may enter a premises ie your house, by force if necessary, in order to carry out a breath test.

Answer 4

To be a Police Officer in the U.K. you need to have a very comprehensive knowledge of the Law. I don't know details but one answerer has given you a few. However, the various Police Forces have Recruiting staff who, I'm sure will be only too pleased to give you advice. Write to your local Force and explain your enthusiasm. You will find their address in the Telephone Directory. There are a number of Correspondence courses which advertise Police Recruitment as subjects. Try an Internet search. Hope this helps.

Answer 5

In England or Wales you can NOT be randomly breath tested. However, a reason isnt that hard to find.

Any traffic offence will do so excess speed, jumping a red light or even having a bulb out will do.

Also your manner of driving, too slow and cautious is as good a reason as any.

On top of that people will state 'ive had 1 pint' and in truth when you havnt been drinking it isnt hard to smell alcohol on someone!

So despite it not being random theres very few circumstances where you cant be tested.

Answer 6

If you are stopped because the police suspect alcohol and you refuse to provide a sample of breath you will be arrested. If you are involved in a Collision a sample will be requested however if there is no suspicion of alcohol and you refuse you will be reported, likewise if you commit any moving traffic offence. Suspicion or reason to believe can be very minor as some who reek of intoxicants will pass where others who hardly smell can fail. Do not drink and drive. Even "A couple" as is the popular phrase. Merry Christmas!

Answer 7

Don't know about the rest of U.K. but Scottish drivers have been informed that every car stopped by police over the festive period for whatever reason, the driver will be breathalysed.

Answer 8

Currently the police are not permitted to undertake random breath testing. Any good copper will know a way around that rule. Even giving a demonstration to a probationary officer the senior constable is tutoring is a valid excuse.

Answer 9

In the USE then I think I am right in thinking that that they have to have a reason for stopping you but in the UK they can stop you and breathalyse you for no reason what so ever!

Answer 10

We need reasonable grounds to suspect that you've been drinking.

This could be your demeanour, the smell of alcohol or another justifiable reason.

However, we don't have to breathalyse you to arrest you or suspect alcohol. Section 4 of the road traffic act allows an officer to arrest on suspicion of being unfit through drink or drugs.