Drinking and Driving

The police have the authority to stop you if s/he has reasonable cause to believe that you are driving under the influence of alcohol. S/he also has the right to ask you to do a breath test or to do a blood test if you are unable to do a breath test.

What is the Breath Test
A breath test is the means by which the breath is checked to find the amount of alcohol in the body. It is a safe and reliable method, to make sure that motorists who drink alcohol and drive do not put other people’s lives in danger.

How is the Breath Test done
There are two instruments used for breath testing. The first is a Screening Instrument which is a hand-held instrument carried by the police on patrol. It does the first test to show:

If there is alcohol in the body, and
If it is above or below the legal alcohol limit.

The second instrument is called the Evidence Instrument which also tests for the level of alcohol in the body and gives the result printed on an Evidence Card. This card shows:

Your name
Your licence number
The time at which the test was done, and
The amount of alcohol found in your body 

When is the Breath Test done
If a Police Officer has reasonable cause to believe that you are driving under the influence of alcohol, then he will ask you to do a breath test. The Officer will ask you to blow into the Screening Instrument. This will show if you have had too much alcohol to drink, that is, if your alcohol level is above the legal limit. If the screen test shows that you are above the legal alcohol limit, then you will be asked to do an Evidence Test. This test is done a police station and you will be given a printed copy of the results of the test, which you should take to court with you.
The mouthpiece into which you blow, will be used for only one test. It comes in a sealed package and is taken out only for your test. You will not be exposed to any diseases.

What is The Legal Alcohol Limit
The legal alcohol limit is the highest level of alcohol which the law allows you to have in your body if you are driving a motor vehicle. It is determined by the amount of alcohol you drink. The amount of alcohol that gets you drunk depends on several factor, for example, body size, weight, sex and whether you ate before drinking. Currently, the law states that the legal alcohol limit is 35 microgrammes of alcohol in 100 milliletres of breath, or a blood alcohol level of 80 milligrammes of alcohol in 100 millilitres of blood.

The Blood Test
You will only be asked to take a blood test if you are unable to take a breath test. Blood tests will only be done at a hospital by a Medical Practitioner or qualified laboratory technician. A blood test can only be done with your consent. You will not be asked to do a blood test if a breath test has been done.

Penalties
If you fail the breath test, you can, on conviction, be fined up to $3,000 or serve a term of up to 6 months in prison. You can also gain 14 demerit points on your Driver's Licence.
If you are caught a second time, you can be fined up to $5,000 or be put in prison for a term of up to 12 months.
If you refuse to do the breath test, you can be fined up to $3,000 or serve a prison term of up to 6 months.

Know Your Rights
The Police Officer will not conduct the breath test at random
Only one mouthpiece must be used at each test
You may ask to see the reading on the screening device
You may ask to open the package containing the mouthpiece
Blood tests cannot be done without your consent
Blood tests must only be done at a hospital by a Medical Practitioner or a qualified laboratory technician
You must be given a copy of the evidence test.


At the end of the day, your best protection is not to drink and drive