The following Corporate Crime guidance note Produced in partnership with 18 Red Lion Court provides comprehensive and up to date legal information covering:
Under the Road Traffic Act 1988 (RTA 1988) there are three types of preliminary tests.
a breath test administered by the police in which a suspect provides a specimen of breath which is tested to check if the proportion of alcohol in the person’s breath is likely to exceed the prescribed limit.
a preliminary impairment test is used to check the physical reactions and ability of the driver, and
a preliminary drug test is a procedure by which a specimen of sweat or saliva is obtained to give an indication whether drugs have been administered by the driver
The Deregulation Act 2015 (DA 2015) removed the requirement for an officer to conduct a preliminary test where a portable evidential breath test device is available. In these circumstances, the officer can move directly to take the evidential breath tests. The ability to require a preliminary breath test remains available.
The police have the power to require a person to co-operate with any preliminary test, if the police officer reasonably suspects the defendant:
has driven, attempted to drive or be in charge, or
will drive, attempt to drive, or
be in charge of a motor vehicle
while on a road or other public place, under the influence of drink or drugs
If there is a reasonable suspicion
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234