Is it legal for police to breath test motorists in their own driveway?
That’s the question that’s divided social media after one man claimed police chased him onto his property moments after he had arrived home.
Sharing a photo of the police car with its lights on and siren blaring in the driveway of his Sydney home, he asked Facebook if what happened was legal – drawing a wide variety of answers from those claiming to be in the know.
A motorist has divided Facebook after asking if it’s legal for police to breath test him in his own driveway, after he claims they pulled into his Sydney home with their sirens on (pictured)
After sharing a photo of the police car to Facebook, he asked if what happened was legal – drawing a wide variety of answers from those claiming to be in the know
Dylcey Grimding claimed he arrived home moments before the Highway Patrol car drove down his street and pulled into his driveway.
Police breath tested him but he then returned a negative alcohol, Mr Grimding said he thought it wasn’t legal.
‘Just a question… I thought that cops weren’t allowed to breathalyse you in your driveway, am I wrong?’ he posted on Facebook.
‘I just drove in the driveway but he came flying up my street sirens going like he was in a pursuit like a f***ing maniac.’
His post drew hundreds of comments from others in the social media group, keen to share their varied opinions on the matter.
‘I don’t think they can if it is your driveway,’ one man commented.
‘The law changed when lock-out laws were introduced, so they can but only if they saw you driving and then pulling into the premises,’ claimed a woman.
‘My mate was done while working on his car on the road outside his place, he had no driveway,’ another user wrote.
‘I didn’t think they were allowed to actually breath test you, but can determine if they think you’ve been drinking by visual observation,’ one commented.
Others didn’t offer an opinion at all, saying: ‘I wonder how many people here actually know the REAL answer to your question, and how many people THINK they know the answer?’
Facebook commenters were divided on whether police were in the right, with some backing the motorist and others the Highway Patrol officers
But despite the Facebook debate, according to legal experts the simple rule is that you can’t be breath tested inside the property you call ‘home’.
According to the NSW Road Transport Act 2013, ‘home’ includes the driveway or any designated private parking space accompanying your house or apartment.
A spokeswoman for NSW Police confirmed this to Daily Mail Australia, saying ‘you’re not allowed to be breath tested once you get home’.
In one case from 2002, a driver was allegedly signaled for a breath test just outside his home before he pulled into the parking spot for his apartment.
Police then approached him and performed a breath test before charging him with low-range drink driving, but the defendant was later acquitted by a judge in court.
According to the NSW Road Transport Act 2013 you can’t be breath tested inside your ‘home’, including the driveway or any designated private parking space connected to an apartment