Drug & Alcohol Testing

Question 1

When may police submit a driver/person to a breath test?

Answer 1

1. Driver of a motor vehicle on a road or road related area.
2. Occupying the drivers seat on a road or road related area and attempting to put the motor vehicle into motion.
3. Holder of an applicable drivers licence occupying the seat next to a learner driver who was or is driving on a road.

Question 2

When may police submit a driver/person to a breath analysis?

Answer 2

1. Device indicates a PCA offence (depending on ranges and licence category).
2. Person refuses to submit to a breath test or fails to submit to the test in accordance with the direction of the police officer.

Question 3

When police cannot submit a driver to a breath test/analysis?

Answer 3

1. Driver is at the persons home
2. If more than 2 hours has passed from the time of the incident that permitted the driver being submitted to a breath test.
3. Due to Injury, it would be dangerous / unsafe to the person’s health to conduct the test.
4. If the person is admitted to hospital and testing medical practitioner is advised of the intention to submit the person to a breath test and, that practitioner objects to the test being conducted with regard to the treatment and care of the person.

Question 4

When may police submit a driver / person to a sobriety assessment?

Answer 4

1. Driver of a motor vehicle on a road or road related area.
2. Occupying the drivers seat on a road or road related area and attempting to put the motor vehicle into motion.
3. Submitted to a breath test that does not require a breath analysis.
4. Only if the officer reasonably believes that the person may be under the influence of a drug because:
   - The way in which the person is/was driving a motor vehicle, or
   - The way in which the person is/was occupying the drivers seat of a motor vehicle and attempting to put it into motion.
   - By the behaviour, condition, or appearance of the person at the time.
   - The assessment is carried out at or near the place where the person underwent the breath test .

Question 5

When police cannot submit a driver to a sobriety assessment?

Answer 5

1. Driver is at the person home.
2. If more than 2 hours has passed from the time of the incident that permitted the driver being submitted to a breath test.
3. Due to injury, it would be dangerous / unsafe to the person’s health to conduct the test.
4. If the person is admitted to hospital and the treating medical practitioner is advised of the intention to submit the person to a breath test and, that practitioner objects to the test being conducted with regard to the treatment and care of the person.

Additionally:
- Generally, 4 hours for blood from the time the original incident that allowed a breath test.
- There is no time period for a sobriety assessment, only 4 hours for the actual blood sample.