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Breathalyser question

• Message 1. 

  Posted by Morganish (U9108847) on Tuesday, 15th June 2010

  I was driving down a quiet road in a rural area early on Saturday evening when I was pulled over by the police who were conducting random breath tests. The policeman said he didn't doubt I was sober and I didn't have to consent to a breath test if I didn't want to. I knew I hadn't had anything to drink for 48 hours (a ML record?) so I agreed to be tested. Even though the gadget confirmed that I was totally sober, they took all my details - including driving licence, car registration, my full name and dob.
  
  Does anyone know what will happen to those details? OH and I will be driving the same route next Saturday evening at the same time. Whoever is driving will be sober. Should we agree to the test again if we get pulled over? Will they say they have reason to believe we've been drinking if we refuse?

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• Message 2

  , in reply to message 1.

  Posted by Bette (U2222559) on Tuesday, 15th June 2010

  If that happened to me, I would feel pretty happy about police doing random checks on drink-driving. Personally, I wouldn't give a fig about them taking my 'personal details'.

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• Message 3

  , in reply to message 1.

  Posted by Lili Bolero and the band played on (U10534540) on Tuesday, 15th June 2010

  I hope someone comes along who can give you an answer to this, Morganish. It has bothered me because Elder Bolero was randomly stopped and searched three times in his first year of holding a driving licence, and I tried to ask at the local police station what they would do with the details, and how long they would be held.
  
  Basically, I was given short shrift by the person on the desk who implied it was (1) none of my business because it was my son - even though he was a minor and (2) I should be glad that they were checking on his whereabouts.
  
  I never got to find out what they did with the details - even down to what he was wearing, his height, ethnic group, blah blah...

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• Message 4

  , in reply to message 3.

  Posted by poshquilter (U3799549) on Tuesday, 15th June 2010

  Tue, 15 Jun 2010 18:55 GMT, in reply to Lili Bolero in message 3
  
  I've been stopped randomly before now, at 7am once. I think they were just seeing if anyone had been drinking. It was December, when they tend to have more of a positive presence on the drink driving front.
  Anyway, I just did the test and went on my way to work.

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• Message 5

  , in reply to message 4.

  Posted by Morganish (U9108847) on Tuesday, 15th June 2010

  Whoops, meant to post in the Bull - sorry. I don't mind being stopped, but it wasn't till I'd taken the test that they asked for details. That hadn't been made clear beforehand. Obviously if I'd been drinking I would have expected to have to give info, but as I was sober I expected to be let go with a cheery wave. I hadn't been drinking, my car is clearly roadworthy, my tax disc was in order and my driving licence confirmed that I was who I said I was. They ran my details through the computer which confirmed that the car is registered in my name. So why do my details need to be taken and, presumably, logged?
  
  They said they'd be there for the next four weeks, presumably hoping to catch people who've been drinking in the pubs while watching the World Cup.
  
  Bette, I am happy to be breathalysed and support random testing, but I don't understand why, when I have done nothing wrong, the police can demand my details. Astinished to hear about your son, Lili: this is the first time in 30 years of driving that I've ever been stopped. And I used to drive a really rough-looking car...

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• Message 6

  , in reply to message 5.

  Posted by Lili Bolero and the band played on (U10534540) on Tuesday, 15th June 2010

  To be fair, Morganish, he hasn't been stopped for about 4 years now, but he's been living in a different part of the UK. Maybe it was only the police in /this/ area who were trying to catch him out...

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• Message 7

  , in reply to message 6.

  Posted by Morganish (U9108847) on Tuesday, 15th June 2010

  I think you're in Wales, too, aren't you, Lili? Well, if you're driving from Carmarthen to Newcastle Emlyn on Saturday evening, be prepared!

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• Message 8

  , in reply to message 7.

  Posted by My Mum is turning in her grave (U13137565) on Tuesday, 15th June 2010

  I shall warn my son - he will be driving that route on Saturday evening. I didn't realise you were a nearish neighbour of mine Morganish

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• Message 9

  , in reply to message 8.

  Posted by Morganish (U9108847) on Tuesday, 15th June 2010

  I'm on the Gower but I have friends near Newcastle Emlyn. Forget which village the police are stopping people at, but they're hidden round a corner so you don't get any advanced warning. When I was stopped I was heading back to Carmarthen and they were on my side of the road.

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• Message 10

  , in reply to message 9.

  Posted by sweetFeet (U14377598) on Wednesday, 16th June 2010

  I was stopped about this time last year just outside Abergavenny. The police were pulling cars into a lay by for mass breathalysing.
  
  
  I was told it was it was to check on summer drinkers. I was totally alcohol free. Yep, no fainting clean away please, but I don't recall if anyone took my personal details.
  
  I'm not sure I would have complied if they'd asked.
  
  Was down your way yesterday Morganish. Had icecream in Forte's just beyond Bracelet Bay.
  
  Sorry, as you were.

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• Message 11

  , in reply to message 9.

  Posted by Occasionalist (U10475533) on Wednesday, 16th June 2010

  This is the Ö÷²¥´óÐã Office's account of the police powers to stop and require details:
  
  "Should we agree to the test again if we get pulled over? Will they say they have reason to believe we've been drinking if we refuse?"
  
  I think it would be sensible to ensure that you have explicit confirmation that either (a) the constable suspects you may have been drinking, or (b) he is asking you to provide one voluntarily.
  
  On the police breath-test clips shown on TV, the police seem almost invariably to assert (a) as a reason for requiring you to take the test. That seems to me good, probably prescribed, practice. Acting without the suspicion would, apparently, be unlawful. The relevant statute should be easily findable.
  
  Even if he asserts (a) when you confidently believe that assertion to be unfounded, I doubt that countering the assertion by refusing to provide a sample would be the way to go: I guess you'd end up being arrested and charged.
  
  It would be interesting to see any reported cases of actions contesting the reasonableness of a constable's stated suspicion of drink-driving. I don't know of any, but haven't looked.
  
  If he asserts (b), then, of course, you're a free agent. I don't btw get the impression from your account that the police have been acting unduly or show signs of being likely to do so.
  
  If you should ever want to instigate a police complaint for, say, having been stopped every week for a month, any police 'stop' records will probably be of benefit to you.
  

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