Skip to main content

2. Ms. D had a few drinks at a bar and then drove home.  She was stopped on the way by the police for a random breath test.  Ms. D knew that she couldn’t refuse to do the test.  But she deliberately blew around the mouth piece instead of into it.  Would her plan work?

That wouldn’t work.  Ms. D’s act of blowing around the mouth piece will not be “sufficient to enable the test to be carried out”.  She has therefore failed to provide the required breath specimen.