The Breath-Test Refusal
At 01:20 a patrol stops a driver who ran a red light. The driver smells of alcohol, has slurred speech, and admits to drinking 'two bottles' about an hour earlier. The officer asks the driver to take a roadside breath test. The driver refuses, saying he does not trust the device and wants a blood test instead. A crowd of about 15 people has gathered and some are filming on phones. The driver is polite but firm and keeps asking for the blood test. The officer has a working breath-test device and a colleague nearby.
1. Explain how the officer should balance the driver's request for a blood test against the refusal of the breath test, and what the refusal means.
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Key point: A refusal to provide a specimen is itself significant. The driver does not get to choose which test is used; the law prescribes the procedure, and refusal without reasonable excuse can be treated as an offence and used as evidence.
Balancing: The officer should calmly explain that the roadside breath test is the required first step and that a blood or laboratory test may follow at the station if indicated. The driver's preference for a blood test is noted but does not override the lawful request. The officer should give the driver a clear, recorded opportunity to comply and warn of the consequences of refusal.
Refusal: Record the refusal precisely - the exact words, the time, and the fact that the driver was warned. The refusal becomes part of the case, and the driver may still be required to provide a specimen at the station. Politeness does not change the legal position.
2. The crowd is filming and becoming vocal. Describe how the officer should manage the scene to keep it safe and lawful.
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Safety and de-escalation:
- Keep the driver calm and away from the crowd; move the conversation to the side of the vehicle or the patrol car where possible.
- Call the colleague over to manage the crowd and keep a visible, calm presence; do not engage in arguments with individuals filming.
- Filming in a public place is generally lawful; the officer should not seize phones or threaten people for recording. Instead, state clearly what is happening and that the officer is acting lawfully.
- Give clear instructions to the crowd to keep back and not obstruct the officers; warn that obstruction is an offence if it continues.
- Request backup if the crowd grows or becomes hostile.
Documentation: Note the number of people, any threats, and any obstruction. The priority is the driver's lawful processing, the safety of everyone present, and a professional record that will withstand later scrutiny.