Police have the power and control to pull your vehicle over at any time and request that you participate in a breath test to ascertain whether you are intoxicated from alcohol or drugs while you are in charge of your vehicle. If the Police are of the reasonable belief that you have been actually drink driving they also have the power to request a breath sample from you. These tests measure the amount of alcohol in your blood.

What are the consequences if I don’t pull over for an RBT?

If you don’t pull over, you will be charged with an offence. Moreover, if the police were in a marked police vehicle and you are aware that they have activated their sirens for you to pull over and you don’t, you will be charged with the offence of Failing to Stop and you could spend 50 days in prison or a fine of up to 50 penalty units. You will also lose your licence for 2 years.

What is the process of an RBT?

If the police request that you pull over your vehicle, you will be asked for your personal particulars, that is your name, address as well as providing them with your driver’s licence. If you don’t answer the questions truthfully, for example you provide a false name, this amounts to an offence.

The next step provided you have complied with the above, is that you will be asked to blow into a plastic tube of the breath analyser. The legal alcohol limit is 0.05% and if you are over this limit, you will be asked to provide another test. However, if you refuse to attend a police station for the second test, the police have the power under the Transport Operations (Road Use Management) Act 1995 to use reasonable and necessary force to transport you to the police station. If it is evidenced that the second test is over 0.05%, you will be charged with drink driving.

Can I refuse a RBT?

The short answer is no. It is considered a serious offence to do so (Section 80(5A) of the Transport Operations (Road Use Management) Act 1985 and you will expose yourself to 40 penalty units or 6 months imprisonment. However, you may lawfully refuse a test if you have valid medical reasons to do so. Of course, you will need evidence to provide of this to the police preferably from a Doctor.

Contact Us

To speak to one of our experienced criminal lawyers call 1800 999 529, email mail@rmold.newwebsite.live or submit an enquiry below. Have you been caught Drink or Drug Driving? Contact our Traffic Lawyers today.

We are available to meet with you at any of our local offices (Brisbane, Gold Coast, Beenleigh, Cleveland and Jimboomba) or by telephone or video-conference.

This article is for your information and interest only. It is not intended to be comprehensive, and it does not constitute and must not be relied on as legal advice. You must seek specific advice tailored to your circumstances.