HC Deb 13 January 1992 vol 201 c465W
Mrs. Dunwoody

To ask the Secretary of State for the Home Department if he will outline the legislation under which police with adequate identification can request a breath test.

Mr. Peter Lloyd

The police powers to require breath tests are contained in the Road Traffic Act 1988.

Under section 163 a police constable in uniform has the power to stop any vehicle; and under section 6 to require a breath test:

  1. (a) where there is reasonable cause to suspect that the driver has alcohol in his body; or
  2. (b) where there is reasonable cause to suspect that the driver has committed a moving traffic offence; or
  3. (c) where there is reasonable cause to believe that the driver has been involved in an accident.

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