TAS Can you Refuse Breath Test and Drug Test?

[dojowalt]

if you are pulled over for a breath test and pass cause you don't have alcohol in your system can the police then have you do a drug test.

Can you refuse to do this? Do they need to have probable cause under criminal law?

 

[Kimberly Dukes]

Well in my point of view we can refuse drug driving test (may be am wrong as am still law student).

 

[Sarah J]

Hi Dojowalt,

In short, no. The police can ask random drivers to take an alcohol and/or drug test and if the driver refuses, they are liable for a criminal offence.

 

[Sarah J]

This is the result of the introduction of the Random Breath Test laws in 1985.

See the Road Safety (Alcohol and Drugs) Act 1970, in particular s 7A and s 14.

 

[Phildo]

You are most welcome to decline any alcohol or drug test.

However, you will then be charged with the equivalent of a mid to upper range alcohol or drug offence.

Huge penalties.