PC Webb stops a vehicle and suspects the driver has been drinking. The driver provides a roadside breath sample which gives a negative result. PC Webb still believes the driver is impaired. Which of the following correctly states the position?
- AThe negative breath test result closes the matter - any further investigation would require the driver to consent to voluntary testing
- BPC Webb may arrest the driver on suspicion of impairment and require an evidential blood or urine sample at a police station without taking any further roadside steps
- CPC Webb may administer a second roadside breath test using a different approved device where the first result is disputed
- DA negative preliminary breath test does not prevent PC Webb from requiring a preliminary impairment test where there are grounds to suspect impairment from alcohol or drugs
Show answer and explanation
Under the Road Traffic Act 1988 as amended by the Road Safety Act 2006 there are three types of preliminary test: a breath test, an impairment test and a drug test. These are independent of each other. A negative breath test rules out excess alcohol above the legal limit but does not prevent the officer from requiring an impairment test where there are reasonable grounds to suspect impairment. The three tests serve distinct purposes and a negative result on one does not foreclose the others.
- A: A negative breath test addresses alcohol above the legal limit only. It does not conclude the investigation into impairment more broadly. The officer retains the power to use the other preliminary tests where grounds exist.
- B: Arrest on suspicion of impairment without first using the preliminary impairment test route would be premature on these facts. The preliminary impairment test is the appropriate next step which may then provide grounds for further action.
- C: There is no provision for a second preliminary breath test simply because the officer disputes the result. The route where impairment is still suspected after a negative breath test is the preliminary impairment test - not a repeat breath test.