What are the laws on police testing you once you are home?
If a police officer reasonably suspects that a person
has been driving, attempting to drive or has been in charge of a vehicle on a road or other public place while having alcohol in their system then they can require that person to provide a specimen, even at home.
I have seen a couple of stories on here about people being tested once they are "safely" home. If they knocked on 20 mins or so after you got home, how would they know you hadn't necked half a bottle of jack Daniels or similar?
Section 15 of the Road Traffic Offenders Act 1988 allows the court to assume that the proportion of alcohol in the accused's breath, blood or urine at the time of the alleged offence was not less than it was when the specimen was provided.
It would be the suspected drink driver's responsibility to prove, in a court of law, that they had consumed alcohol between the time of the alleged offence and the time the specimen was taken and had they not consumed that alcohol then the proportion of alcohol in their system would not have exceeded the legal limit.
In a nutshell the police wouldnt know if a person
'necked half a bottle of jack daniels or similar'. The police would simply require a specimen for analysis and if the proportion of alcohol in the specimen exceeded the legal limit, the person would be charged with the relevant offence. That person would then have to prove, at court, that they had in fact consumed alcohol after the relevant time of driving or being in charge and had they not consumed said alcohol then the proportion of alcohol in their bodies would not have exceeded the legal limit. Not an easy or cheap task!
