If you have been arrested for drink driving but you provided a borderline breath test (anything below 51µg in breath) then pursuant to present drink driving legislation, the police must offer the option of replacing your breath test with a blood or urine test. They can choose which of these methods are used. This option is referred to as “The Statutory Option” and was originally introduced in the 1980’s when evidential breath testing devices were relatively new and their accuracy was questionable.
There are plans for the statutory option to be discontinued as the government consider the evidential breath testing equipment to be reliable enough to do away with this additional safeguard. However, for now, it remains and once you agree to have your breath test replaced by an alternative urine or blood test, the police cannot revert back to the breath test but must instead use the specimen you opt to provide in place of it.
Managing Director, Jeanette Miller is seen on the video below discussing the government’s proposed changes to drink driving laws to close the “drink driving loopholes” they consider to be allowing too many drivers avoid prosecution. The laws are yet to be introduced but we think they are likely to lead to more unfair prosecutions rather than closing loopholes. Check out the video below or read Jeanette Miller’s thoughts on the proposals in this drink driving blog.