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RoSPA Drinking and Driving Policy Paper 2007

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The Royal Society for the Prevention of Accidents<br />

<strong>Drinking</strong> <strong>and</strong> <strong>Driving</strong> <strong>Policy</strong> <strong>Paper</strong><br />

Updated May <strong>2007</strong><br />

Wider Police Powers to Require Breath Tests<br />

In its Road Safety Strategy, the Government states “We are currently looking at<br />

rationalising the law because current practice is too restrictive. We want the police to<br />

have powers to breath test people driving at locations where it is reasonable to<br />

assume an amount of drinking may have taken place”. This would allow the police to<br />

target their resources at areas <strong>and</strong> times where data or intelligence indicated they<br />

would be most effective.<br />

The Police can already stop any driver for any reason, but they cannot require a<br />

breath test without a suspicion that the driver has consumed alcohol, or unless the<br />

driver has committed a traffic offence or been involved in an accident. Allowing the<br />

Police administer a breath test without needing any other reason would increase<br />

drivers’ perception of the risk of being caught without necessarily placing additional<br />

dem<strong>and</strong>s upon police resources. It would allow the police to target their resources at<br />

areas <strong>and</strong> times where intelligence indicated they would be most effective, for<br />

instance at locations where it is reasonable to assume drinking may have taken place.<br />

This measure would be a strong <strong>and</strong> effective deterrent. In advance of the<br />

introduction of this measure it should be accorded considerable publicity. It may be<br />

opposed on the grounds that it erodes civil liberties, but drink drivers also erode the<br />

civil liberties of everyone else. Drink driving is such a serious offence that it justifies<br />

giving the Police wider powers.<br />

R<strong>and</strong>om Breath Testing (RBT)<br />

Accompanied by massive publicity, R<strong>and</strong>om Breath Testing has been widely adopted<br />

in Australia <strong>and</strong> helped to reduce drink driving, but its implementation had significant<br />

resource implications. In the State of Victoria, the proportion of fatally injured drivers<br />

over the legal alcohol limit fell from 49% in 1977 to 21% in 1992. 13 Surveys have<br />

indicated that once stopped, drivers believe it is unlikely that they will be stopped<br />

again, which can have a negative effect on their behaviour. There is also the problem<br />

of drivers becoming familiar with the location of RBT sites <strong>and</strong> avoiding them.<br />

However, coupled with the power to implement intelligence-led breath testing,<br />

R<strong>and</strong>om Breath Tests would be a powerful deterrent tool.<br />

Sobriety Checkpoints<br />

A tactic common in America is the use of Sobriety Checkpoints, where a small team of<br />

3 or 4 Police Officers stop <strong>and</strong> breath test drivers. They act as a highly visible<br />

deterrent <strong>and</strong> change drivers’ perceptions of the chances of being caught if they drink<br />

<strong>and</strong> drive. One study found that in areas where weekly checkpoints were conducted,<br />

there were 70% fewer drivers over the limit than in neighbouring areas without<br />

checkpoints. At some Checkpoints alcohol sensors are used by the Police to detect<br />

the presence of alcohol. 13 12

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