As for the police letting him drive. Everything has very recently changed with the new saliva test/esky version. I was speaking to a HWP officer about this exact thing.
Police have the discretion with drug testing to let the driver drive away based on perceived impairment. There cannot be a disqualification on-the first test. It’s illegal.This is due to the need for the lab test and the time it takes.Think of RBT. The second test is the determiner and that is completed inthe big bus or the local station. That’s the one you are convicted on, although technically you are under arrest from the first one.All completed two hours by law.
With the delay on second sample in drug testing unless visibly not able to drive, the discretion lies with the arresting officer. I don’t understand why the police are not clearing this up.
I think they may have there knickers in a knot about the leak. This should be a private matter but the fact that people knew. Someone has talked .
Of course if someone has been a smoking meth, shooting crack and stolen a rexy.. your not driving home.