It is evident that the Queensland police have the power to perform random roadside breath and saliva tests to ascertain whether a person had been driving under the influence of alcohol or drugs. However, did you know that the police also have the authority to conduct blood tests in some circumstances to be able to identify if a person was driving under the influence?
When would Police ask for a blood-test?
Police can request a blood test in certain circumstances which are outlined in the Transport Operations (Road Use Management) Act 1995 which can include, if you:
- Appear to be affected by a substance (such as drugs or alcohol);
- Refuse or do not give a sufficient saliva/breath sample;
- Give a breath test, but the breath/saliva machine is malfunctioning/not showing a reading;
- Provide a medical certificate which certifies that you are unable to provide a breath/saliva sample
- Have been arrested for any indictable offence in connection to driving a vehicle
It is also important to note that in Queensland, police officers can only demand a blood-test within three hours of the incident.
How would the Blood test be conducted?
If police request a blood-test from you, they will either transport you to a police station, hospital or other type of health care facility to conduct the procedure. Often times, there will be two samples taken.
What if I refuse?
If you are required by police to submit to a blood test, and you fail to comply with this direction, it may result in a fine, the loss of your driver licence for a period of time, or a term of imprisonment in some circumstances. The offence is deemed serious, as the refusal will be considered as guilty of the offence Driving under the Influence. This means that you, as the driver, will be held liable to the same extent as you would if you committed the offence of driving under the influence.
This post contains general advice only and is not intended as legal advice.
