In what scenario can police require breath samples from drivers?

The requirement for police to request breath samples from drivers primarily arises when there is a suspicion of alcohol impairment. This reflects the understanding that if an officer has reason to believe a driver may be under the influence of alcohol, it is within their rights and responsibilities to conduct a breath test to ensure road safety. Such suspicion can stem from various observations, such as erratic driving behavior, the smell of alcohol, or other indicators that could suggest that a driver is impaired.

While breath samples may also be collected in specific situations, such as following an accident or when a vehicle is in motion, the key factor that allows for the requirement of a sample is the suspicion of impairment. It’s important to understand that the timing—the fact that it may be day or night, or whether an accident occurred—does not exclusively empower officers to ask for breath samples; the suspicion of impairment is the critical element driving this enforcement.