Roadside testing

The roadside test is often confused as the deciding factor as to whether to arrest a person and take them to the police station or not. In real life situations the officer’s opinion is enough to allow the officer to arrest you. Some officers will use a roadside breath test to determine whether or not you are intoxicated but they can also ignore the results of the test or can simply decide not to give you a roadside test.

As the current law stands you cannot be convicted of driving with excess alcohol simply through using a roadside test but this may change in the near future.

Failure to provide a roadside breath test can lead to a charge in itself under Section 6 of the Road Traffic Act 1988 (known as RTA 1988). It carries a penalty of 4 points or a discretionary disqualification and a fine of up to £1000.