Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) A police officer may direct the driver of a motor vehicle to pull over, without reasonable suspicion the driver has committed an offence, for one or both of the following purposes:
(a) to require the driver to submit to a breath test to determine whether there is alcohol in the driver's breath;
(b) to require the driver to submit to a saliva test to determine whether there is a prohibited drug in the driver's body.
(2) The driver must comply with the direction.
Maximum penalty: For a first offence – 10 penalty units or imprisonment for 12 months.
For a second or subsequent offence –20 penalty units or imprisonment for 12 months.
(3) An offence against subsection (1) (a relevant offence ) is a second or subsequent offence if the person has previously been found guilty of any of the following offences:
(a) driving with:
(i) a high range breath or blood alcohol content; or
(ii) a medium range breath or blood alcohol content;
(b) driving under the influence of alcohol or a drug;
(c) failing to provide a sufficient sample of breath for a breath analysis;
(d) failing to submit to a saliva test;
(e) failing to give a sample of blood for analysis;
(f) driving with alcohol in the breath or blood (if the person, at the time of the previous offence, was of a class mentioned in section 24(1));
(g) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both).
(4) If a court finds a person guilty of a relevant offence, the person's licence to drive is automatically cancelled and the person is disqualified from:
(a) for a first offence – obtaining a licence for a period that is at least 12 months; and
(b) for a second or subsequent offence:
(i) obtaining a licence for a period ( mandatory period ) that is at least 18 months; and
(ii) if the mandatory period is less than 5 years – obtaining a licence other than an AIL licence for an additional period ( AIL period ) immediately after the mandatory period that is at least 12 months and not more than 3 years.
Notes for subsection (4)
1 This means the person may be able to drive a motor vehicle fitted with an alcohol ignition lock during the AIL period after being disqualified for the mandatory period (see sections 29AAYB and 29AAYC).
2 If the mandatory period is 5 years or more, no AIL period applies to the person and the person cannot obtain an AIL licence.
(5) However, a person is disqualified from obtaining a licence for a minimum period of 5 years if a court finds the person guilty of a relevant offence and the person has previously been found guilty of any of the following offences, committed within 3 years before committing the relevant offence:
(a) driving with a high range breath or blood alcohol content;
(b) failing to provide a sufficient sample of breath for a breath analysis;
(c) failing to submit to a saliva test;
(d) failing to provide a sample of blood for analysis;
(e) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both).
(6) Also, if a court finds a person guilty of a relevant offence and the person has previously been found guilty of any of the following offences, committed within 3 years before committing the relevant offence:
(a) driving with a medium range breath or blood alcohol content;
(b) driving under the influence of alcohol or a drug;
(c) driving with alcohol in the breath or blood (if the person, at the time of the previous offence, was of a class mentioned in section 24(1));
(d) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both);
and the person has also been previously found guilty at any time of committing any of the following offences:
(e) driving with:
(i) a high range breath or blood alcohol content; or
(ii) a medium range breath or blood alcohol content;
(f) driving under the influence of alcohol or a drug;
(g) failing to provide a sufficient sample of breath for a breath analysis;
(h) failing to submit to a saliva test.
(i) failing to provide a sample of blood for analysis;
(j) driving with alcohol in the breath or blood (if the person, at the time of the previous offence, was of a class mentioned in section 24(1));
the minimum period for which the person is disqualified from obtaining a licence is 5 years.
(7) A relevant offence is an immediate suspension offence.