The police have the authority to pull you over in your vehicle at random to ask you to perform a breath test. The purpose of these breath tests is to identify whether you are intoxicated from alcohol or drugs whilst driving. The police can ask you to provide a sample of your breath regardless of whether or not they suspect you have actually been drink-driving. These tests work by measuring the concentration of alcohol in your blood, which will then be used to determine whether you have exceeded the alcohol limit whilst being in control of a vehicle.
What if I don’t pull over for a Random Breath Test?
Police will flag down cars at random, in order for certain vehicles to pull over to perform a breath test. If you do not comply with the direction by police to pull over, you will be charged with an offence. If they were in a marked police vehicle and activated their sirens to direct you to pull over and you fail to do so, you will be charged with Failing to Stop which carries a mandatory minimum penalty of 50 days imprisonment served wholly in a corrective services facility or a fine of 50 penalty units, as well as a licence disqualification of two years.
Process of a Random Roadside Beath Test
If police have flagged your vehicle down and you have pulled over, you will then be asked your name, address and to provide your driver’s licence. You must answer all questions truthfully, as failing to do so amounts to an offence.
You will then be asked to blow into a tube of the breath analyser. If the test states that you are over the legal alcohol limit of 0.05%, you will then have to take another test on a more advanced machine to get a more accurate reading. If you refuse to attend a police station for the second test, the police have the power under section 80(5) of the Transport Operations (Road Use Management) Act 1995 to use reasonable and necessary force to transport you there. If the second test shows that your blood concentration is over the limit, you will then be charged with a drink driving offence.
The police are able to breath test another person in the vehicle, if they reasonably believe that they were either driving prior to being pulled over, or that they had been driving a motor vehicle or attempted to drive a motor vehicle, three hours prior.
Do I have the right to refuse a Breath Test?
Refusing a breath test is a serious offence in Queensland, regardless of whether you had actually consumed alcohol or drugs before driving. This offence is found under section 80(5A) of the Act, known as Failing to provide a Breath Specimen. There are two offences that could arise; the offence of not providing a breath test at the roadside, and the more serious offence of refusing to provide a breath test at the police station. You may lawfully refuse a breath test if you have medical reasons but will require proof of that.
Penalties for Refusing to provide a Breath Test
If you refuse to provide a breath test, the maximum penalty is the same as if you were to blow an alcohol blood concentration level of 0.15% or above. The minimum penalty would be a six month license disqualification, a fine of $4000 or a possible six month jail sentence. Your license will also be suspended immediately and will continue to be suspended until your matter has been dealt with in court.
This post contains general advice only and is not intended as legal advice.
