Preliminary breath tests and follow-up specimens
When a police or immigration officer may require a preliminary breath specimen and what the Road Traffic Act says about refusal and follow-up testing.
Primary source: https://sso.agc.gov.sg/Act/RTA1961?ProvIds=pr69-
Under section 69, a police officer may require a preliminary breath specimen where there is reasonable cause to suspect alcohol, a traffic offence committed while the vehicle was moving, or an accident involving the vehicle or causing injury or death. The specimen may be required at or near the place of the requirement, or in an accident case at a specified police station (SSO, Road Traffic Act 1961 s 69).
At or near an authorised checkpoint, an immigration officer may also require a preliminary breath specimen when necessary to prevent or detect an offence under section 67 or 68 (SSO, Road Traffic Act 1961 s 69).
Failing without reasonable excuse to provide the required specimen is an offence. The section also provides arrest powers following a positive preliminary result, an unjustified failure where alcohol is suspected, or reasonable suspicion of drug, psychoactive-substance, or intoxicating-substance influence (SSO, Road Traffic Act 1961 s 69). After arrest, section 70 allows a police officer, subject to the Act's safeguards, to require a breath specimen for analysis or a blood specimen for laboratory testing (SSO, Road Traffic Act 1961 s 70).
Coverage debt
- Sections 71 and 72 contain further safeguards and evidential mechanics; this article does not reproduce the full statutory procedure or advise on an individual investigation.