The Queensland police have the power to ask you to provide a sample of your breath for the purposes of a random breath test. They can ask you to provide this sample regardless of whether they suspect you have actually been drink driving.
If your initial breath test shows that you are over the legal alcohol limit, you will be taken for a second test on a more accurate breath analysis instrument. This instrument is normally located in a ‘booze bus’ or at a police station.
If the second breath test shows that you are over the legal alcohol limit, you will be charged with drink driving and you will be required to attend court on a specific date. Your licence will also automatically be suspended for at least 24 hours.
Frequently Asked Questions
Q: Can I refuse to provide a sample of breath?
A: No. If you refuse to provide a sample of breath, you will be charged with the offence of failing to provide. This can have serious consequences and often the penalty for failing to provide a sample is much worse then providing the sample and being charged with a lesser drink driving offence.
Q: Can the police search my vehicle during a random breath test?
A: Maybe. The police have the power to stop and enter a vehicle in order to arrest or detain someone. They can also stop and search a vehicle if they reasonably suspect that the vehicle contains certain items including unlawful weapons, drugs or stolen property.
If the police want to search your vehicle and they say that they have a search warrant, always ask to see a copy of it and make sure all the details are accurate and complete.
Q: What if I am physically unable to provide the breath sample when requested?
A: If you were asked to provide a breath sample but you were physically unable to do so, you may have a defence to this charge. You should speak with an experienced traffic lawyer to get more information.
Please contact us for more information about random breath tests.