Minor Drug & Cannabis Offences · Legal briefing
Drug Driving Tests: Demands & Refusal
By Adv. Yechiel Rachamim Menahemov & Adv. Assaf ShpigelPublished:
The practical dilemma
During a roadside check, an officer demands a drug test and warns that refusal will be treated as impaired driving.
The legal position
Traffic Ordinance section 64B governs alcohol and drug testing. Blood or urine demands may rely on reasonable suspicion or accident involvement under the statutory conditions; separate rules apply to other tests. Officers must meet the applicable demand and explanation requirements. Refusal of a lawful demand can have serious consequences. Results, admissibility and sample handling require individual examination. Official source 1 Official source 2
Your next step
Record the circumstances, explanations and tests without obstructing lawful action. Do not rely on blanket advice to refuse. Give counsel the reports and laboratory results to examine the legal basis and evidential chain.