Your Rights As A Driver During A Random Breath Test

In the case whereby you have been pulled over by the police for a random breath test, there are various questions that you, the driver, are commonly asked. It is important to keep in mind that you are required to comply with the requests of a police officer. Although, if you assume that you are being suspected of a crime or you are being treated unfairly by an officer, it is important to acknowledge and understand your rights.

Here are a few standard things to know when you have been approached by the police on the road:

Am I Required To Stop My Vehicle At A Random Breath Test Queue?

By law, a police officer is able to require an individual to stop their vehicle for the purpose of conducting a random breath test. If you fail to stop your vehicle when requested by the police, penalties can include a fine, imprisonment and even the loss of your driver’s licence.

Am I Allowed To Refuse To Show My ID To The Police?

If you have been asked to present a form of identification when you have been pulled over by the police during a random breath test, you must provide it so that they can verify your identity. Your form of identification must contain your full name and address.

Failing to provide the requested form of ID may lead to being charged with disobeying or contravening a police officer’s direction.

What Do I Say When I Have Been Questioned By The Police?

Some questions that you may be asked when pulled over by the police include: ‘where are you travelling to tonight?’ or ‘have you had anything to drink tonight?’.

You are not legally obligated to answer any questions that have been asked by a police officer, apart from their request to identify who you are. Be sure to always be courteous and cooperative when in the presence of police officers. If you feel that the questions asked seem very accusative, you are allowed not to answer. However, this may portray guilt or lack of cooperation, leading the officer to take further actions against such instances, particularly if they do happen to suspect any criminal activity.

Do I Have To Take A Random Breathalyser Test?

You are unable to refuse to take a breathalyser test if you have been requested by a police officer unless you have a lawful reason. A lawful reason would be due to medical reasons, but in most cases, the police will require you to provide a blood sample as an alternative.

Failing to take part in both a breath test or blood sample test can lead to being issued with a large penalty. Penalties are fines that can range from $1,100 to $4,500. If your blood alcohol concentration is found to exceed 0.05% (BAC differs for Learner and Provisional drivers), then you may face harsh drink driving penalties such as the loss of your licence and imprisonment. Drink driving penalties can involve immediate licence suspension, even for low-range drink driving offences.

Can I Dispute The Results Of A Random Breath Test?

As a driver, you have the right to disagree with the results of the breath test and plead not guilty. When you dispute the results of your breath test, a date for your trial will be determined.

The basic grounds for disputing the results of a breath test include:

• You have reason to believe that the device used for the test was faulty
• You have reason to believe that the results of the test were inaccurate
• You have reason to believe that the test was conducted incorrectly – medical grounds were violated, or the prescribed period for conducting a test had already lapsed

Has A Police Officer Impeded On Your Rights?

If you have been pulled over by the police for a random breath test, it is vital to remember to remain calm, listen to and follow their instructions unless you feel as though you are within your rights to refuse. Bear in mind that if you do happen to obstruct a police officer in their attempts to carry out their lawful duties, you can possibly be charged with a criminal offence and hence be confronted with harsh penalties.

On the other hand, in an instance where a police officer is acting in a way where you feel as though they have impeded on your rights, or if you have been charged with an offence that you wish to challenge, it is recommended that you speak to a reputable criminal law firm who are able to provide you with an effective strategy for establishing your case.

Benjamin Leonardo is a Sydney-based criminal defence law firm with offices conveniently located near the Parramatta and Sydney courts. Having defended more than 3,800 cases and with a success rate of over 90%, Benjamin Leonardo’s defence lawyers provide their clients with informed legal advice and flexible payment terms. They understand the strain criminal cases have on their clients and families alike and provide sympathetic and non-judgemental advice and support to their clients. If you have been charged with a traffic offence, please contact Benjamin Leonardo on (02) 9283 3033 for the first confidential consultation.