Road Traffic Act · 2026 Revised Edition · Part · Driving and Other Offences and General Conditions Relating to Use of Motor Vehicles on Road
26C. Breath tests
Official textFrom Attorney General's Chambers, unchanged
Where a police officer has reasonable cause to suspect that —
a person driving or attempting to drive or in charge of a motor vehicle on a road or other public place has so much alcohol in his body that the proportion of it in his breath or blood exceeds the prescribed limit, or has committed a traffic offence whilst the vehicle was in motion;
a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place with alcohol in his body and that person still has alcohol in his body;
a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place and has committed a traffic offence whilst the vehicle was in motion; or
a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place when an accident occurred —
between that motor vehicle and one or more other motor vehicles; or
causing any injury or death to another person, he may, subject to section 26E, require that person forthwith to provide a specimen of his breath for a breath test.
A person may be required under subsection (1) to provide a specimen of his breath either at or near the place where the requirement was made or, if the requirement was made under paragraph (d) of that subsection and the police officer making the requirement thinks fit, at a police station specified by the police officer.
person
“person” shall have the meaning assigned to it by the Interpretation and General Clauses Act;
A breath test required under subsection (1) shall be conducted by a police officer.
Road Traffic 30
road
“road” means any highway and any other road to which the public has access, and includes bridges over which a road passes;
A person who, without reasonable excuse, fails to provide a specimen of his breath when required to do so in pursuance of this section is guilty of an offence and liable on conviction to a fine of not less than $1,000 and not more than $5,000 or imprisonment for 6 months and, in the case of a second or subsequent conviction, to a fine of $3,000 and not more than $10,000 and imprisonment for 12 months.
A police officer may arrest any person without warrant if —
as a result of a breath test he has reasonable cause to suspect that the proportion of alcohol in that person’s breath or blood exceeds the prescribed limit;
that person has failed to provide a specimen of his breath for a breath test when required to do so in pursuance of this section and the police officer has reasonable cause to suspect that he has alcohol in his body; or
he has reasonable cause to suspect that that person is under the influence of a drug or an intoxicating substance.
A person shall not be arrested by virtue of this subsection when he is at a hospital as a patient.
Terms defined in s 2
motor vehicle
Defined · s 2“motor vehicle” means any mechanically propelled vehicle intended or adapted for use on roads;
person
Defined · s 2“person” shall have the meaning assigned to it by the Interpretation and General Clauses Act;
road
Defined · s 2“road” means any highway and any other road to which the public has access, and includes bridges over which a road passes;
traffic
Defined · s 2“traffic” includes vehicles of every description, pedestrians, processions, and bodies of troops and all animals being ridden, driven or led;
vehicle
Defined · s 2“vehicle” means any vehicle, including a trailer, constructed, adapted or capable of being used on roads, whether mechanically propelled or not.
Part
Suspension, Cancellation and Endorsement of Driving Licences
Part
Public Service Vehicles and Franchises
Part
Certificates of Fitness
Part
Traffic on Roads
Part
Powers of Police
Part