It is an offence to not comply with a request for a roadside or evidential test without reasonable excuse.

The drink-drive policing regime depends upon the Police being able to subject drivers to screening and evidential tests. These include roadside tests such as the breathalyser, drugs test or an impairment test. Also, evidential tests are used which include a breath test machine at the police station, a blood sample test or a urine test.

Defences

1. That the driver was not given adequate warning of the consequences of failing to comply with the test request.
2. That the arrest before the request for an evidential test was unlawful.
3. That the driver has a reasonable excuse for not complying with the test request.
4. That the driver was unable to comply with the test request due to a medical condition.
5. That the driver did, in fact, comply with the test request.
6. That the test request by the Police was unlawful and therefore not a valid request.

Penalties

There are various offences created to cover the various situations that may arise from failing to comply with a test request. In short, offences are usually punished by disqualification and can lead to imprisonment. These offences are regarded as very serious by the courts because they obstruct the drink-driving policing regime.