Which statement is true about arrest powers under S6D?

• A. A constable may arrest without a warrant if there is reasonable suspicion of alcohol or drug exceed limits or if the person fails to cooperate.
• B. A warrant is always required for drink-drive related arrests.
• C. Arrest is only possible after a court hearing.
• D. No arrest is permissible for drug impairment.

Answer: (D)

Arrest powers under this provision are about allowing police to act without first going to a court door to ask for a warrant when there are solid reasons linked to drink-drive offences. If a constable has reasonable grounds to suspect that a person has committed a drink-drive offence—such as driving or being in charge while over the legal limit—or the person refuses or fails to cooperate with a breath/blood test, they can arrest the individual without a warrant to secure evidence and ensure the person can be tested. This power is intended to move quickly and prevent evidence from being lost or the person from evading the testing process. A warrant isn’t automatically required in these situations, and you don’t need a court hearing before the arrest. It’s not correct to think there’s no possibility of arrest for drug impairment; there are arrest powers when impairment by drugs is suspected and the person has committed or is suspected of committing an offence related to driving while impaired by drugs.