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VIC Police Required to Give 15 Minutes Before Taking Breath Test?

Discussion in 'Traffic Law Forum' started by Franklint, 7 March 2016.

  1. Franklint

    Franklint Member

    7 March 2016
    Likes Received:
    Hi everyone,

    I'm not in trouble with the law, but curious about this. I was under the impression (from shows like RBT) that drinking within the five minutes prior to being breath-tested required the police (if you tell them) to give you a 15-minute grace period before taking a breath test, in order for any present mouth alcohol to dissipate. I've looked a bit at the legislation for a few states, and can't find any mention of this.

    Does anyone know if this is accurate and, if so, where I could find it written under Traffic Law? Might it be in the internal code of conduct for police forces? It's a pretty crucial thing for drivers to know about.

    Another friend thinks that one can dispute the accuracy of a breath test on-the-spot, requiring police to wait half an hour before retesting. That seems incorrect, but if you know anything about this please let me know.

  2. Ponala

    Ponala Well-Known Member

    10 February 2015
    Likes Received:
    No requirement for them to wait 15 minutes when giving you a preliminary breath test at the side of the road.

    Your friend is wrong. You can't contest it at the scene. The initial road side test is an indication only and doesn't give an accurate 'evidentiary reading', allows the Police to form an opinion a person is under the influence and the power to require you to undergo an evidentiary breath test.
  3. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

    28 April 2014
    Likes Received:
    The result of a roadside breath test (using, say, a handheld device)
    can give rise to the kind of "reasonable suspicion" required
    for police to arrest you on suspicion of PCA.
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