WA Drug Driving Offences

The police in Western Australia have the power and the machinery necessary to test the motorist’s breath sample for the presence not only of alcohol but also of drugs. The police do not need a reasonable suspicion that the driver may be driving while under the influence of drugs to stop the motorist on the roadway. Just like the power of the police to randomly stop the motorist for a mandatory alcohol breath analyser test, the police also have devices that can check the driver’s blood for the presence of drugs. The mandatory drug testing is the law.

Thus, when the police stop a motorist and asks for his name, address, and his license, and requests the driver to give a breath sample, the breath sample will test for both drugs and alcohol. The driver cannot refuse to give a breath sample. When the police request the motorist to give blood or urine samples for confirmatory testing for drugs, the driver cannot refuse this also or his refusal will be the same as committing another drug driving offense.