148EPower to prevent driving by persons who are under the influence of alcohol or other drugs

#### 148E Power to prevent driving by persons who are under the influence of alcohol or other drugs 148E Power to prevent driving by persons who are under the influence of alcohol or other drugs (cf [Road Transport (Safety and Traffic Management) Act 1999](/view/html/repealed/current/act-1999-020), s 30) > > (1) If a police officer is of the opinion that a person who is driving (or about to drive) a motor vehicle is under the influence of alcohol or any other drug, or a combination of drugs, the police officer may— > > > > > (a) prohibit the person from driving the vehicle while the person is under the influence of alcohol or that other drug or a combination of drugs, and > > > > > (b) require the person to immediately hand over all ignition or other keys of the motor vehicle in the person’s actual possession— > > > > > > > (i) to the police officer, or > > > > > > > (ii) to another person in the company of the person who the police officer is satisfied is responsible and capable of exercising proper control of the motor vehicle, and > > > > > (c) take such other steps as, in the opinion of the police officer, are necessary in order— > > > > > > > (i) to immobilise the motor vehicle, or > > > > > > > (ii) to remove the motor vehicle to a place of safety and detain it at that place. > > > (2) If the police officer is of the opinion that the person concerned is under the influence of alcohol, the person is entitled to request that the person undergo a breath test in order to determine whether or not the person is under the influence of alcohol. If such a request is made, the police officer may not take any action under subsection (1) until the person undergoes the breath test. > > > (3) Despite subsection (2), a police officer may take action under subsection (1) if the police officer reasonably suspects that the person is likely to abscond before undergoing the breath test. > > > (4) Subsection (1) does not authorise the confiscation of any keys, or the immobilisation, removal or detention of any motor vehicle, for any period that is longer than necessary in the circumstances and in the interest of the person driving (or about to drive) or of any other person or of the public. > > **s 148E:** Ins 2014 No 31, Sch 3 \[54\] (transferred from the Law Enforcement (Powers and Responsibilities) Act 2002 No 103, Part 12 (sec 189)).