Crime Solicitors

Drink drivers are to be “brought to justice quicker” thanks to new roadside breathalyser technology that will allow police to gather on-the-spot proof. The instant test means the driver will now not need to be taken back to a police station to obtain evidence as is currently the case.

Under current legislation and procedure, the roadside breath test is largely used to justify an arrest before the suspect is taken into custody to provide an “evidential breath sample” which can then be used as evidence against them as part of a prosecution. It is the breath sample that is used as evidence that the motorist was over the prescribed limit and there is an assumption created by current laws that the level of alcohol indicated from the evidential breath test is the same level the motorist had whilst driving.

“Mobile evidential breath tests” are intended to allow police to gather early evidence of drink driving, by taking a breath sample from suspect drivers at the roadside which can then be used as evidence. The instant test means they will not need to be taken back to a police station to obtain evidence as is currently the case.

It will mean those marginally over the drink drive limit will not have extra time to ‘sober up’ and stand a chance of passing a later test at the station.

It is also intended to free up crucial police time and resources.

In addition, the government is committing £350,000 for a competition which will see companies race to bring the new mobile technology to market. At present, there is no manufacturer able to bring a suitable device into circulation so the time scales for implementation are somewhat unclear.

Roads Minister, Jesse Norman has said:

“The drink drive limit has helped to give us one of the safest road networks in the world but there is always more we can do. This new mobile breathalyser technology will enable the police to enforce the alcohol more rigorously limit on those who still choose to drive after drinking, putting others at risk.”

The competition is being run by the Parliamentary Advisory Council for Transport Safety (PACTS). It will invite manufacturers to submit proposed technologies which will rapidly calculate the amount of ethanol in exhaled breath for use at the roadside. It is expected police forces throughout the UK will be able to use the device by 2020.

Drink Driving specialist Neil Sargeant’s View

Whilst there are clearly good intentions behind this proposal, its effectiveness to administer justice and its compatibility with current legislation is unclear.

A suspect taken into custody is almost immediately at a disadvantage. Suspects are often confused and intimidated by the whole procedure and the current system is partly intended to help protect the suspect and their legal rights. When a suspected drink driver is taken into custody they are being asked to provide evidence against themselves and any evidence obtained should be done so fairly and lawfully.

Further, the breathalysers in police stations across the country have been subject to rigorous scrutiny and have to meet strict criteria to be a device approved by the government. Details of any “type approval” process have not been discussed for the new devices and it will be interesting to see how that unfolds in the coming year.

The entire police station procedure must surely need to be adapted for “roadside implementation” and various rights of the suspect may be rescinded which should be alarming for anyone whether you intend to drink and drive or not. How will a suspect’s right to legal advice be upheld for example?

Large numbers of the general public are quick to condemn “suspected” drink drivers as “guilty” but if our legal system is to remain one of the most sophisticated in the world, it should strive to ensure the quality and effectiveness of justice and this is not always compatible with a “speedier” or more streamlined approach. I do not consider plans to eliminate an entire procedure designed to help ensure fairness and the quality of evidence as necessarily a good thing at this stage but will follow the development of this closely.

Author, Neil Sargeant is a Road Traffic specialist within the Duncan Lewis Crime Department, based in Harrow. For specialist advice please call Neil on 020 3114 1145 or email him on neils@duncanlewis.com.

Neil has specialised in Road Traffic Law since 2008, establishing close working relationships with some of the country’s leading experts in this field and maintaining an outstanding record of client acquittals. His specialist expertise stretches across all road traffic law, but is most extensive in:

• Drink Driving (with breath, blood or urine samples);
• Drug Driving;
• Failing to provide a specimen for analysis whether this be breath, blood or urine;
• Being drunk in charge of a vehicle;
• Any type of road traffic case that involves a procedure conducted at hospital;
• Dangerous & Careless driving; and
• Cases involving a fatality.

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It is crucial that you seek legal advice immediately, as an early opinion in your case can make a significant difference to the end result. Duncan Lewis Solicitors can be on hand to deal with whatever motoring law issue you may have.