Do people get arrested under Section 6 rta?

[un1corn]

Scenario;

Police follow car, stinks of cannabis. Driver stopped, hasn't show any sign of impaired driving. Officer suspects drugs, driver refuses to take saliva test.

Driver is arrested for what? They cant be arrested for driving whilst impaired (sec4) because there's no impairment witnessed in the driving, and there's no Sec 5(a) because the driver has refused to take the saliva test.

I understand if they refuse tests at the police station, then this offence is absolute, but what about roadside?

So are they arrested under Section 6 of the RTA?

[Red 4]

The power of arrest is Section 6 - fail to cooperate with preliminary drug test - but only if the Constable has reasonable grounds to suspect that the person has the drug in his body or is under the influence of the drug.

A strong smell of cannabis from inside the car would provide the grounds.

[LosingGrip]

Red 4 said:

The power of arrest is Section 6 - fail to cooperate with preliminary drug test - but only if the Constable has reasonable grounds to suspect that the person has the drug in his body or is under the influence of the drug.

A strong smell of cannabis from inside the car would provide the grounds.

And if they don't suspect, they can still report the driver for the offence. Although if someone refuses the roadside breath/drug test it's not a compulsory driving ban.