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ARTICLE · 01 APRIL 2020

Has random breath testing really stopped?

Article warns that any police car can still pull over a driver at any time for the purpose of a random breath or drug test.

AustraliaCriminal Law

The coronavirus has caused the world to change significantly. In the world of criminal law, we have already seen courts being shut down, hearings run by video or telephone conferencing, and all non-essential persons refused entry to court precincts.

In addition, there have been rumours that police will no longer conduct random breath testing (RBT). I use the word 'rumours', as at this stage I have seen no official direction in relation to it.

The justification seems to be in relation to the occupational health and safety issue faced by police officers, in using the handheld breathalysing machines which require saliva and/or close proximity breath samples. Similarly, when using a drug testing kit, a sample of saliva is also required. By stopping this testing, it would reduce the exposure our police officers face on a day to day operational basis.

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