FAQs about Road Traffic Law

When can the police legitimately stop me for a breath test ?

If you are driving while over the speed limit or attempting to drive or near to a vehicle and it is reasonably thought you were driving the vehicle the police may request a breath test.

The police officer does not have to be in uniform when making this request but must be in uniform in order to administer the test.

If you are over the prescribed limit, which is currently 35 micrograms of alcohol per 100 ml of breath then you may be arrested and taking to the police station.

In what circumstances are the police allowed to stop me?

The circumstances in which the police are entitled to flag you over and request a breath test if they have reasonable cause to believe you have committed a moving traffic offence or the officer has reasonable cause to suspect you are over the prescribed alcohol limit.

The police cannot require you to take a roadside breath test if either of these elements are not suspected.

Am I entitled to refuse the test?

If you refuse to take the test you will be escorted to the nearest police station. You will be required to provide further samples of breath. You cannot insist on supplying blood or urine samples instead. The police will only request these if their measuring device is not working or the police officer has reason to suspect breath samples should not be taken for health reasons.

You are only able to refuse to take the test if you cannot provide the sample for medical conditions. If all samples taken are above the prescribed limit you will be arrested.

My licence has been banned. Is there a way I can lift the ban before the due date ?

If you have been disqualified for more than two years, once the two year term is over you can apply to have the remaining length of time lifted. You must however not have committed any road traffic offences prior to the ban and you can establish good reason for the return.