Random breath testing NSW
Police have broad powers when it comes to random breath testing
in New South Wales. In fact, a police officer can decide to stop
and breath test RBT you without any reason other than because you
are or were driving a motor vehicle on a road.
Despite this, there are some exceptions where it is illegal to
breath test you, such as on your property and if it has been more
than 2 hours since you drive a vehicle.
What is an RBT?
'RBT' means 'random breath test'. It is a test
given by the police to arbitrarily chosen drivers to measure the
amount of alcohol the driver has consumed.
Are random breath tests legal?
Random breath tests are legal in NSW under
Clause 3, Schedule 3 of the Road Transport Act. Police are
entitled to conduct random breath tests if an officer has
reasonable cause to believe that:
