DUI – Random Breath Testing

Schedule 3 (3) of the Road Transport Act 2013 empowers police to carry out random breath tests.

Such request by the officer arises only if he “has reasonable cause to believe” that the person was the driver etc. In cases of random stops on the roadway, it is axiomatic that such belief is reasonable.

It is an offence under subsection (2) for the driver to “refuse” or “fail to undergo” such breath test.

It is a defence to a request to undergo a breath test if the person can satisfy the court that he was unable on medical grounds to undergo such breath test in accordance with the officer’s directions. (Schedule 3 (16)(2) )

Further to Defences relating to breath testing, under Schedule 2(1) of the Act, Police are not permitted to carry out a breath test (or breath analysis) in the following circumstances:

  • A person who has been admitted to hospital – unless no objection by the medical practitioner;
  • If the person has been injured and it might be dangerous to carry out a breath test/analysis;
  • After the expiration of 2 hours from the occurrence of the event; and
  • At that person’s home.

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