Understanding Your Rights: What to Do When Stopped for a Breathalyser Test

Understanding Your Rights: What to Do When Stopped for a Breathalyzer Test

You're driving home after a night out — maybe you've had a drink, maybe you haven't. Suddenly, blue lights flash in your rearview mirror. You pull over, and the officer approaches your window. They suspect you've been drinking, and now you're being asked to take a breathalyzer test.

For many drivers, this situation can be stressful and confusing. What are your rights in this moment? Can you refuse the test? And what happens if you do?

This article explains what to expect if you're stopped for a roadside breath test, the legal powers police have, and the smartest way to handle the situation — calmly, legally, and confidently.

When Can Police Ask You to Take a Breath Test?

In the UK, police officers have the legal power to stop any vehicle, at any time. But when it comes to breath tests, they need a valid reason to ask you to take one.

Police can request a breath test if:

• They suspect you've been drinking or are under the influence of alcohol
• You've committed a moving traffic offence (e.g., speeding, erratic driving)
• You've been involved in a road traffic collision — even if you weren't at fault

They don't need hard evidence — just reasonable suspicion based on your driving, behaviour, smell of alcohol, or admission of drinking.

Once that suspicion exists, the law allows them to require a breath test on the spot. Refusing without a valid reason can quickly escalate the situation, which we'll cover later on.

What Happens During a Roadside Breath Test?

If an officer asks you to take a roadside breath test, it's usually a straightforward process — quick, non-invasive, and done within minutes.

Here's what typically happens:

• The officer will explain that they require a sample of breath to check for alcohol.
• You'll be asked to blow steadily into a handheld breathalyzer device until instructed to stop — this usually takes just a few seconds.
• The device will analyse the alcohol content in your breath and display a reading almost immediately.

The outcome is simple:

• If you're under the limit, you're usually free to go.
• If you're over the limit, or if the reading is inconclusive, you'll be arrested and taken to a police station for further testing.

It's worth noting that the devices used at the roadside are designed for quick screening — the more accurate, evidential tests happen later at the station. But a positive result here is enough for police to take you into custody.

The key takeaway? The roadside test is routine, and cooperating calmly is the best approach — even if you plan to contest the result later.

Your Legal Rights During the Test

Being stopped and tested can feel intimidating — but you still have rights, even at the roadside. Understanding them can help you avoid unnecessary mistakes.

• You cannot legally refuse the test without a valid excuse. If you do, you may be arrested and charged with failing to provide a specimen — which carries the same penalties as drink driving.
• You're not required to answer unrelated questions. You can stay polite and cooperative without giving details that aren't directly relevant (like where you've been or how much you drank).
• You do not have the right to legal representation at the roadside. If you're arrested and taken to a police station, your right to speak to a solicitor begins there.
• You can ask for clarification. If you're unsure why you're being tested or what's happening, you can calmly ask the officer to explain.

While you're expected to comply, you still have the right to protect yourself from self-incrimination and to challenge any charges later with legal support.

What Happens If You Fail the Breath Test?

If the roadside breath test shows that you're over the legal alcohol limit, the next steps happen quickly. You'll be arrested on suspicion of drink driving and taken to the nearest police station for further testing.

Here's what to expect:

• You'll be booked into custody and may be held in a cell while waiting for the next test.
• You'll take an evidential breath test using a more accurate machine designed to measure your breath alcohol level precisely.
• If there's a problem with the breath test — for example, if you're unable to give a sample or the machine isn't working — the police may request a blood or urine sample instead.
• You now have the right to speak to a solicitor before providing further samples or being interviewed. This is a crucial stage to get legal advice.

If the evidential test confirms you're over the limit, you may be charged and required to appear in court. The severity of the penalties depends on your level of intoxication, prior offences, and other circumstances such as dangerous driving or an accident.

It's important to note: you are not convicted at the roadside — the police still need evidential proof, and you'll have the chance to defend yourself in court.

What If You Refuse the Test?

Refusing to take a breath test might feel like a way to avoid getting caught, but in reality, it can lead to even more serious consequences.

Under UK law, if you're asked to take a breath, blood, or urine test and refuse without a "reasonable excuse", you're committing a criminal offence — regardless of whether you were actually over the limit.

So what counts as a "reasonable excuse"?

• A legitimate medical condition (e.g., a lung issue that prevents you from blowing into the device)
• Physical or mental incapacity (which must be backed by medical evidence)

What doesn't count:

• "I don't want to"
• "I've done nothing wrong"
• "I want to speak to a solicitor first" (at the roadside, this isn't a right)

Penalties for Refusing a Breath Test

• Minimum 12-month driving ban
• Fine of up to £5,000
• Possible prison sentence (up to 6 months)
• Criminal record that can affect employment, travel, and insurance

In the eyes of the law, refusal suggests you're trying to hide something — and the punishment reflects that. Cooperating with the test gives you a better chance to challenge the result later, if necessary.

How to Respond Calmly and Safely

Being pulled over for a breath test can be nerve-wracking, but how you respond in the moment matters. Staying calm and composed can help the situation go more smoothly and avoid escalating things unnecessarily.

Here are some practical tips if you're stopped and asked to take a breathalyzer test:

• Stay calm and cooperative. Getting defensive or argumentative won't help — and could work against you.
• Keep your hands visible. Especially at night, this helps reassure the officer you're not a threat.
• Answer basic questions politely, but you're not required to explain where you've been or how much you drank. Stick to the point.
• Don't try to talk your way out of it. Excuses or denials won't change the legal process once the test is underway.
• Ask questions if you're unsure. If something isn't clear, you can calmly ask the officer to explain what's happening or what's required.

Once you're at the police station (if it comes to that), you have the right to free legal advice — and it's wise to use it.

Most importantly, remember: cooperating in the moment doesn't stop you from challenging the process or result later with proper legal support.

What to Do After the Incident

If you've been arrested or charged following a failed or refused breath test, your next steps are important — and time matters.

Here's what you should do:

• Seek legal advice immediately. Contact a solicitor who specialises in motoring offences. They can help you understand the evidence, the procedure, and your options.
• Make detailed notes. Write down everything you remember: the time of the stop, what the officer said, whether you were offered legal advice, and how the test was conducted.
• Request access to the evidence. Your solicitor can obtain police reports, breath test data, and any CCTV or bodycam footage to assess the validity of the case.
• Don't panic. Many cases are resolved with fines, courses, or reduced penalties — especially if it's a first offence. But expert advice can make a big difference.

If you believe the test was flawed, your rights were breached, or you had a medical reason for not complying, a solicitor can help you build a defence.

Conclusion

Being stopped for a breathalyzer test can be unsettling — but knowing your rights and how to handle the situation calmly can make all the difference.

From the moment you're asked to provide a sample, the decisions you make matter. Cooperate respectfully, know what the law expects, and protect yourself by seeking legal advice if things progress further.

Whether you're completely sober or had a few drinks the night before, understanding the process can help you avoid panic — and protect your legal standing.

Knowledge is your best defence. Stay informed, stay calm, and stay safe.