Getting advice down the pub (especially for drink driving!) is not a good idea. There are a lot of myths about drink driving, take advice from a specialist drink driving solicitor to be sure of your rights.
The law says that the police cannot just stop you and insist that you give a breath test. The reality is that it is pretty easy for them to stop you at anytime to get a breath test.
There are 2 ways that the police can insist that you give a sample. Firstly by having reasonable grounds to believe that you have committed a moving traffic offence, for example speeding, going through a red light or crossing the white line in the middle of the road. Once they have that belief then they can stop you and ask you to give a breath test, if this is over the limit you will be arrested for drink driving.
The reality is that they don’t need to prove that you have driven badly. They are entitled to stop you at any time, for any reason. Once they have done that then if they suspect that you have been drinking they can ask you to provide a breath sample. The normal way that they suspect you have been drinking is by smelling alcohol on your breath.
Can you argue that they didn’t have reasonable grounds to insist on a breath test? Of course but realistically the police will simply say they smelt alcohol and it is likely that any court will accept this and find you guilty of drink driving.
I get a lot of people who have refused to give a breath test at the roadside or at the police station and argue that they are not guilty because they had not been drinking and can prove it. This doesn’t matter, once charged with failing to provide a specimen it is irrelevant as to whether you have been drinking, you are not charged with drink driving.
If you haven’t been drinking and are asked to give a sample, the advice is simple – give a sample. You can argue about civil liberties later but at least you will still have a licence.
Steve Williams is a specialist motoring solicitor dealing with drink driving, speeding and all other motoring offences, if you wish to seek advice call on 01623 397200 or click Drink Driving Solicitors
