Know Your Rights at a Roadside Drug or Alcohol Test
In Australia, roadside drug and alcohol testing is a common tool used by police to improve road safety. While these tests are aimed at reducing accidents, they also raise important questions about individual rights under Criminal Law. Many people are unsure about what they can and cannot do when pulled over, and misunderstanding the law can lead to unnecessary legal trouble. This article explains your rights during a roadside drug or alcohol test in Australia, what to expect, and when to seek professional legal help.
Why roadside tests are conducted
Police carry out random breath and saliva tests across Australia to identify drivers under the influence of alcohol or drugs. These checks are designed to reduce the risk of accidents and to enforce Criminal Law relating to impaired driving.
Alcohol testing (RBTs): Police use a breathalyser device to detect blood alcohol concentration (BAC). In most states, the legal limit is 0.05 for full licence holders.
Drug testing (RDTs): Police use a saliva swab to check for the presence of certain illicit substances such as cannabis, MDMA, and methamphetamines.
Your rights at a roadside alcohol test
When stopped for a roadside alcohol test, you have several important rights and obligations:
You must comply - Refusing to provide a breath sample is an offence and can carry penalties equal to or harsher than high-range drink driving charges.
You have the right to silence - Other than providing your name, address, and licence, you do not need to answer further questions.
You may be required to attend a police station - If the roadside device gives a positive reading, you can be taken to a station or a mobile testing unit for an evidentiary breath test.
Your rights at a roadside drug test
Roadside drug testing works differently from alcohol testing:
The test detects presence, not impairment - Even if you are not feeling “high” or impaired, you may test positive if the substance is in your system.
Challenging results - You may have the right to request a secondary test, which is sent to a laboratory for confirmation.
Consequences of failing a test
Failing a roadside test can lead to serious legal consequences under Criminal Law:
Drink driving penalties include fines, licence disqualification, interlock device orders, and in severe cases, imprisonment.
Drug driving penalties may include immediate suspension of your licence, heavy fines, and disqualification periods.
Repeat offences generally attract harsher penalties and may affect your ability to drive for many years.
Can you refuse a test?
Some people assume they can legally decline a roadside drug or alcohol test, but under Australian Criminal Law, this is incorrect. Refusing a test carries consequences that are often as severe, if not more severe, than failing one.
The law is designed this way to ensure compliance and maintain road safety. In practice, refusing usually results in immediate licence suspension and mandatory court appearances.
When to seek legal advice
If you fail or refuse a roadside test, it’s crucial to seek advice from a Criminal Law specialist. A lawyer can:
Assess whether police followed correct procedures.
Challenge the reliability of the test.
Advise you on possible defences, such as medical conditions or procedural errors.
Roadside drug and alcohol testing is a reality of driving in Australia. While the law requires compliance, you also have rights that must be respected. Understanding these rights can help you make informed decisions and avoid harsher penalties.
If you’ve been charged following a roadside drug or alcohol test, don’t face it alone. At New South Lawyers, our experienced Criminal Law team is ready to protect your rights and provide strong legal representation.
