Hansard

Breath Tests

Volume 201: debated on Monday 13 January 1992

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Mrs. Dunwoody

To ask the Secretary of State for the Home Department if he will outline the legislation under which police with adequate identification can request a breath test.

Mr. Peter Lloyd

The police powers to require breath tests are contained in the Road Traffic Act 1988.Under section 163 a police constable in uniform has the power to stop any vehicle; and under section 6 to require a breath test:

  • (a) where there is reasonable cause to suspect that the driver has alcohol in his body; or
  • (b) where there is reasonable cause to suspect that the driver has committed a moving traffic offence; or
  • (c) where there is reasonable cause to believe that the driver has been involved in an accident.