This guide will outline the procedures if you are stopped by the police, what you can expect if you are convicted and how you can keep your car on the road after a drink driving (DR10) conviction with the help of a drink driving insurance policy.
What powers do Police have to stop people?
In the UK the police are given the legal power to stop vehicles at random, police do not have the power to randomly do preliminary alcohol breathalyser tests.
The powers that the police possess to stop vehicles on the road are outlined under section 163 of the Road Traffic Act of 1988:
1. A person driving a mechanically propelled vehicle on a road must stop the vehicle on being required to do so by a constable in uniform or a traffic officer
2. A person riding a cycle on a road must stop the cycle on being required to do so by a constable in uniform or a traffic officer
3. If a person fails to comply with this section he is guilty of an offence
If you do get stopped, the police then have a range of other powers that they can exercise depending on the circumstances.
The following outlines what powers they have as related to alcohol related offences.
Preliminary Breathalyser tests
As defined in the Road Traffic Act of 1988 a preliminary breathalyser test is:
(1) A preliminary breath test is a procedure whereby the person to whom the test is administered provides a specimen of breath to be used for the purpose of obtaining, by means of a device of a type approved by the Secretary of State, an indication whether the proportion of alcohol in the person’s breath or blood is likely to exceed the prescribed limit.
The power to administer a preliminary alcohol breath test is stated in the road traffic act of 1988:
Power to administer preliminary tests
(1) If any of subsections (2) to (5) applies a [police] constable may require a person to co-operate with any one or more preliminary tests administered to the person by that constable or another constable.
(2) [...] if a [police] constable reasonably suspects that the person—
a. is driving, is attempting to drive or is in charge of a motor vehicle on a road or other public place, and
b. has alcohol or a drug in his body or is under the influence of a drug.
(3) [...] if a [police] constable reasonably suspects that the person—
a. has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place while having alcohol or a drug in his body or while unfit to drive because of a drug, and
b. still has alcohol or a drug in his body or is still under the influence of a drug.
(4) [...] if a [police] constable reasonably suspects that the person—
a. is or has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place, and
b. has committed a traffic offence while the vehicle was in motion.
(5) [Or...] if —
a. an accident occurs owing to the presence of a motor vehicle on a road or other public place, and
b. a constable reasonably believes that the person was driving, attempting to drive or in charge of the vehicle at the time of the accident.
(6) A person commits an offence if without reasonable excuse he fails to co-operate with a preliminary test in pursuance of a requirement imposed under this section.
(7) A [police] constable may administer a preliminary test by virtue of any subsections (2) to (4) only if he is in uniform.
To summarise, this Act gives the police the power to administer a preliminary breathalyser alcohol test if a police officer has reasonable suspicion that a person:
a) has committed a traffic offence while driving a vehicle that was in motion regardless of whether or not the police officer reasonably suspects a driver was under the influence of alcohol or drugs.
b) is currently driving, attempting to drive or is in charge of a vehicle while under the influence of alcohol or drugs, or
c) has been driving, attempting to drive or in charge of a vehicle while under the influence of alcohol or drugs
A police officer will administer a preliminary breathalyser test as a routine procedure if they reasonably believe that a person was attempting to drive, driving or was in charge of a vehicle at the time of an accident on a road or other public place. Under these circumstances there is no requirement for them to reasonably suspect a person is under the influence before the requirement for a preliminary breathalyser test is made.
Reasonable suspicion and reasonable belief
Whether or not a police officer reasonably believed or reasonably suspected is a question of fact and can be determined by examining all available evidence and statements in relation to the offence. In order to reasonably believe, a police officer must have a greater degree of certainty than they would need to reasonably suspect.
A police officer could have reasonable suspicion that a person has committed an alcohol related traffic offence if:
• The person confesses that they have drank alcohol
• The police officer can smell alcohol
• The drivers face is flushed red or they have bloodshot or glazed eyes or any other visible signs of possible intoxication
• The person has slow reactions or is uncoordinated.
• The manner in which they were driving was chaotic or unusually slow and cautious
• The police have been informed about a specific driver who is thought to have been driving while intoxicated
The above list is not exhaustive, as long as the police officer suspects on reasonable grounds that a person is or has been driving, attempting to drive or in charge of a vehicle whilst under the influence of alcohol then they may legally require that person to take a road-side breathalyser test.
FAILING TO CO-OPERATE WITH PRELIMINARY ROADSIDE BREATH TEST
Any person who, without a reasonable excuse, fails to co-operate with a preliminary roadside alcohol breath test (in this case failure also includes refusal) is guilty of an offence which is punishable by a fine and penalty points.
If a person refuses to co-operate with a preliminary breathalyser test without a reasonable excuse, they will be arrested and they will be required to provide an evidential specimen for analysis.
The alcohol breath testing device (Breathalyser) used to conduct a preliminary breath alcohol test must be one that is approved by the Secretary of State.
A police officer may arrest a driver without having a warrant if:
A)After a breathalyser test the results lead a police officer to suspect the amount of alcohol in the persons breath exceeds the legal limit of 35 microgrammes of alcohol per 100 milli-litres of breath OR
B) a suspected drink driver fails to co-operate with a preliminary roadside alcohol breath test OR
C) the police officer has reasonable suspicion that the person has alcohol or a drug in his body or is under the influence of a alcohol or a drug and has been or is driving, attempting to drive or in charge of a motor vehicle on a road or other public place.
To summarise, if you do get stopped by the police on suspicion of drink driving, then we advise that you give them your full cooperation. There have been cases in the past where stopped drivers have refused to give a breath sample knowing full well that they were over the limit at the time. By the time the police took them to the station for a full urine test they had broken down the alcohol in their blood stream and subsequently their alcohol levels had dropped to below the legal limit and were released from custody.
Keep a look out for part 2 of our guide in the next week.