Traffic Act 1987

(1) A police officer may direct the driver of a motor vehicle to pull over, without reasonable suspicion the driver has committed an offence, for one or both of the following purposes:

(a) to require the driver to submit to a breath test to determine whether there is alcohol in the driver's breath;

(b) to require the driver to submit to a saliva test to determine whether there is a prohibited drug in the driver's body.

Maximum penalty: For a first offence – 10 penalty units or imprisonment for 12 months.

For a second or subsequent offence –20 penalty units or imprisonment for 12 months.

(3) An offence against subsection (1) (a relevant offence) is a second or subsequent offence if the person has previously been found guilty of any of the following offences:

(c) failing to provide a sufficient sample of breath for a breath analysis;

(f) driving with alcohol in the breath or blood (if the person, at the time of the previous offence, was of a class mentioned in section 24(1));

(g) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both).

(4) If a court finds a person guilty of a relevant offence, the person's licence to drive is automatically cancelled and the person is disqualified from:

(a) for a first offence – obtaining a licence for a period that is at least 12 months; and

(i) obtaining a licence for a period (mandatory period) that is at least 18 months; and

(ii) if the mandatory period is less than 5 years – obtaining a licence other than an AIL licence for an additional period (AIL period) immediately after the mandatory period that is at least 12 months and not more than 3 years.

Notes for subsection (4)

1 This means the person may be able to drive a motor vehicle fitted with an alcohol ignition lock during the AIL period after being disqualified for the mandatory period (see sections 29AAYB and 29AAYC).

2 If the mandatory period is 5 years or more, no AIL period applies to the person and the person cannot obtain an AIL licence.

(5) However, a person is disqualified from obtaining a licence for a minimum period of 5 years if a court finds the person guilty of a relevant offence and the person has previously been found guilty of any of the following offences, committed within 3 years before committing the relevant offence:

(b) failing to provide a sufficient sample of breath for a breath analysis;

(e) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both).

(6) Also, if a court finds a person guilty of a relevant offence and the person has previously been found guilty of any of the following offences, committed within 3 years before committing the relevant offence:

(c) driving with alcohol in the breath or blood (if the person, at the time of the previous offence, was of a class mentioned in section 24(1));

(d) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both);

and the person has also been previously found guilty at any time of committing any of the following offences:

(g) failing to provide a sufficient sample of breath for a breath analysis;

(j) driving with alcohol in the breath or blood (if the person, at the time of the previous offence, was of a class mentioned in section 24(1));

the minimum period for which the person is disqualified from obtaining a licence is 5 years.