If you’ve just failed a roadside breath test, it’s natural to feel anxious, especially if driving is central to your work or family life. But while failing a roadside test is serious, it doesn’t automatically mean you’ll be convicted of drink driving. Knowing what happens next, and what rights you have, is essential.
Step 1: The roadside stop and initial test
Police can stop any driver they reasonably suspect of having alcohol in their system, committing a driving offence, or being involved in an accident. If they ask you to take a roadside breath test and you fail (or refuse), you’ll usually be arrested and taken to the nearest police station for further testing.
The roadside test is only preliminary. It’s designed to give officers an indication, not proof, of a drink driving offence. The actual legal process begins at the station, where evidential testing takes place.
Step 2: The evidential breath test at the police station
Once at the station, you’ll be asked to provide two breath samples using an approved, calibrated device. These readings are legally admissible in court. The lower of the two readings will be used as evidence.
If the result is above 35 micrograms of alcohol per 100 millilitres of breath, you’ll normally be charged with drink driving. However, if the reading is borderline, you might be offered the option of a blood or urine test for greater accuracy.
You are entitled to ask that the testing process is explained to you, and you have the right to request legal advice before answering any further questions.
Step 3: Being charged and released
If you’re charged, you’ll usually be released on bail to appear at a Magistrates’ Court within a few weeks. It’s important not to drive until you’ve checked whether you’re legally allowed to. In most cases, you can continue driving until the court imposes a ban, but there are exceptions.
Step 4: Building your defence
Many drivers assume a failed breath test means there’s no point fighting the charge, but that’s not always the case. Breathalysers, while sophisticated, are not infallible. Errors in calibration, incorrect police procedures, or issues with how samples were taken can all render the results unreliable.
A specialist drink driving solicitor can review:
- Whether the officer had grounds to stop you.
- If you were properly cautioned.
- Whether testing and recording procedures complied with legal requirements.
- Whether “special reasons” (such as spiked drinks or driving a very short distance) could apply.
Early legal advice can make a real difference to the outcome, potentially reducing penalties or even securing an acquittal.
Step 5: Preparing for court
If your case proceeds to court, your solicitor will guide you through every stage: plea options, mitigation, and representation before the Magistrates. For some, a guilty plea with strong mitigation may result in a reduced disqualification period or access to a drink driving rehabilitation course, which can shorten the ban by up to 25 per cent.
If you’ve recently failed a roadside breath test, seek legal advice immediately. The sooner a specialist reviews your case, the more options you’ll have.