The government is considering introducing harsher punishments against motorists who refuse to take a breathalyser test when they are stopped by police.
The changes will form part of a number of changes to several laws, including the Criminal Code.
Last week, the Court of Criminal Appeal cleared a man of drink-driving after he refused to take a breathalyser test. The court ruled the police had not managed to prove he was drunk.
The court said that for this reason, it was giving the driver the benefit of the doubt.
The man had refused to follow a police order to take the test, which would have provided conclusive evidence whether he was drunk or not.
According to law, a police officer can ask a driver to take the test if he "reasonably suspects" the person is drunk. Refusing to take the test is an offence and the police can arrest a person on that basis.
Asked for a reaction following the Court of Criminal Appeal decision, the Justice Ministry said it had "already prepared draft legislation to amend the law in relation to this. We are revisiting it to take into account this latest judgment by the Appeals Court."
Labour Justice spokesman José Herrera, who also happened to be the lawyer representing the man in court, explained that the message of the Appeals Court was that policemen could not randomly stop motorists for a breathalyser test.
He said the appeals court confirmed previous jurisprudence that if someone refused to take the test, the prosecution and the court could not simply assume that person was drunk.
His client was watching a football match between Valletta and Floriana last May and, on his way down from the stadium, stopped to buy dinner for his family from McDonalds in Birkirkara. A policeman stationed outside the fast-food restaurant, which is next door to the premises of the Birkirkara Football Club, accused his client of provoking Valletta FC's rivals and then requested a breath sample. In the first instance, the man was found guilty of drink-driving, fined €500 and banned from driving for six months.
However, Mr Justice David Scicluna, presiding over the appeals court, ruled that in the absence of tests, there was no proof that he was driving under the influence of alcohol. Moreover, he said the prosecution had failed to summon a second police officer who had witnessed the event. He revoked the six-month driving ban and reduced the fine to €87.34.
According to Dr Herrera, the court's message was that the police had no right to stop anyone asking for a breathalyser test unless they had "reasonable suspicion" that that person was drunk.
mxuereb@timesofmalta.com