> Under the Road Traffic Act 1988, the police can require a person to take a screening breath test if they have a reasonable cause to suspect that:
> ● the person is or has been driving or attempting to drive or is in charge of a motor vehicle on a road or other public place with alcohol in their body (section 6(2) and 6(3));
> ● has committed a moving traffic offence (section 6(4)); or
> ● has been involved in an accident (section 6(5)).
> The subsequent evidential test carried out at the police station can be submitted as evidence in court.
> The prescribed alcohol limit is 35 micrograms of alcohol per 100ml of breath, which equates with 80 milligrams of alcohol in 100ml of blood.
> It is an offence to refuse to take a breath test when required to do so by a police officer unless there is a reasonable excuse. Court penalties for refusing an evidential test are the same as being above the prescribed limit.