Preliminary Breath Test

Road Traffic Act 1988, s.6

Warrant: No
Force: No
Notice: No

A constable may require a person to provide a preliminary breath test if the constable reasonably suspects the person is driving, has been driving, or is attempting to drive a motor vehicle on a road or other public place and has alcohol in their body, or has committed a traffic offence while the vehicle was in motion. A breath test may also be required following an accident.

Conditions

The person must be driving, have been driving, or be attempting to drive on a road or public place
The constable must reasonably suspect the person has alcohol in their body or has committed a moving traffic offence
After an accident: a constable may require a breath test from any person the constable reasonably believes was driving at the time

Limitations

A preliminary breath test may only be administered at or near the place where the requirement is made
Failure without reasonable excuse to provide a specimen is a criminal offence
A positive preliminary test leads to arrest and a requirement to provide evidential specimens at the police station
Hospital patients may not be required to provide a specimen without the consent of the medical practitioner

Last updated 24 September 2026