A police officer can require a specimen of breath for a breath test if they have reasonable cause to suspect that a person has, is or may attempt to drive when they have alcohol in their body. Failure to provide a specimen is an offence under the Road Traffic (Jersey) Law 1956.
If a positive breath test is given at the roadside the driver will be taken to the Police Station and two further breath tests will be taken.
If these are over 35 microgrammes of alcohol in 100 millilitres of breath, the driver is deemed guilty.
If the driver gives a breath test result of between 40 – 50 microgrammes of alcohol in 100 millilitres of breath, they then have the option to replace this with either a sample of blood or urine. However, the Police Officer decides which sample will be provided. If the breath test is 51 microgrammes of alcohol in 100 millilitres of breath or above, then this option is not available to the driver.
If blood is provided, the Police Surgeon will attend the Police Station to take the sample. Any person brought into Police custody is given their rights. Under the procedure for drink drive offences, none of these rights can delay the due process of the driver. The Custody Officer can use discretion in either allowing legal advice or their own doctor to attend should they wish.
Fees for the presence of one’s own doctor will be born by the person concerned.