What are my legal rights when I am stopped at a roadblock? Can I be forced to undergo a breathalyser test or have my blood drawn?

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If you’re stopped at a roadblock under suspicion of DUI, you will be breathalysed. In a traditional roadblock, if you’re over the legal limit you will be taken into custody and sent for a blood alcohol test. If the roadblock is a mobile alcohol evidentiary unit, your blood will be tested immediately. If you are innocent you will be released. If you are over the limit, you are more likely to be charged, as you will not need to be transferred to a testing centre, which could result in a lower blood alcohol level due to the delay. You will be allowed to phone a lawyer. If you’re detained, you have the right to consult your lawyer or apply for legal aid if you can’t afford a lawyer. The police must inform you of this right. You may be released on bail or you may be detained until your court appearance. 

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The information on this website is provided to assist the reader with a general understanding of the law. While we believe the information to be factually accurate, and have taken care in our preparation of these pages, these articles cannot and do not take individual circumstances into account and are not a substitute for personal legal advice. If you have a legal matter that concerns you, please consult a qualified attorney. Simon Dippenaar & Associates takes no responsibility for any action you may take as a result of reading the information contained herein (or the consequences thereof), in the absence of professional legal advice.

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