Drivers Who Refuse to Take Traffic Police's Breath Evidential Analyser Test for Alcohol Consumption
Ministry of Home AffairsSpeakers
Summary
This question concerns MP Gan Thiam Poh’s inquiry regarding drivers refusing or delaying Breath Evidential Analyser (BEA) tests to lower breath-alcohol readings. Minister for Home Affairs K Shanmugam stated that an average of 22 and seven drivers annually failed to provide specimens for preliminary and BEA tests respectively over the last decade. Under the Road Traffic Act, such refusals are offences allowing for arrest without a warrant and carry punishments identical to drink-driving penalties. First-time offenders face fines between $2,000 and $10,000 or up to 12 months' imprisonment, with repeat offenders facing increased fines and up to two years' jail. Additionally, offenders may be disqualified from driving, ensuring that the legal consequences for refusing a breath test are as severe as drink-driving.
Transcript
53 Mr Gan Thiam Poh asked the Minister for Home Affairs (a) in the past 10 years, how many drivers have refused to take the Breath Evidential Analyser (BEA) test for alcohol consumption when stopped by the Traffic Police; and (b) what alternatives and recourse does the Traffic Police have if such drivers delay taking the BEA test in the hope that their breath-alcohol readings will be reduced when checked later.
Mr K Shanmugam: Drivers may be required to take a preliminary breath test for alcohol consumption when they are stopped by a police officer. They may also be required subsequently to take a Breath Evidential Analyser (BEA) test, for further investigations into drink-driving offences.
On average, over the last 10 years, there were 22 and seven drivers per year who failed to provide a breath specimen for the preliminary breath test and BEA test respectively, when so directed. These are offences under section 69(4) and section 70(4)(a) of the Road Traffic Act.
Drivers who delay taking the BEA test will be investigated for failing to provide a breath specimen for the BEA test. The driver may be arrested without a warrant. On conviction, the offender is liable to a fine of not less than $2,000 and not more than $10,000, or to imprisonment for a term of up to 12 months, or to both. In the case of a second or subsequent conviction, the offender is liable to a fine of not less than $5,000 and not more than $20,000 and to imprisonment for a term of up to two years. The offender may also be disqualified from holding or obtaining a driving licence. These punishments are the same as those prescribed for drink-driving.