Road Traffic Act · s 26D

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26D.
Provision of specimen for analysis
(1) In the course of an investigation whether a person arrested under section 26C(5) has committed an offence under section 26 or 26B, a police officer may, subject to this section and to section 26E, require him to provide —
(a) a specimen of his breath for a breath test for analysis; or
(b) at a hospital, a specimen of his blood for a laboratory test, notwithstanding that he has already been required to provide a specimen of his breath for a breath test under section 26C.
(2) A breath test required under this section shall be conducted by a police officer at a police station.

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(3) A requirement under this section to provide a specimen of blood shall not be made unless —
(a) the police officer making the requirement has reasonable cause to believe that for medical reasons a specimen of breath cannot be provided or should not be required;
(b) at the time the requirement is made, the breath-analyser or other device is not available at the police station or it is for any other reason not practicable to use it; or
(c) the police officer making the requirement has reasonable cause to suspect that the person required to provide the specimen is under the influence of a drug or an intoxicating substance, and may be made notwithstanding that the person required to provide the specimen has already provided or been required to provide a specimen of his breath.
(4) A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this section is guilty of an offence and if it is shown that at the time of any accident referred to in section 26C(1)(d) or of his arrest under section 26C(5) —
(a) he was driving or attempting to drive a motor vehicle on a road or any other public place, he shall be liable on conviction to be punished as if the offence charged were an offence under section 26;
or
(b) he was in charge of a motor vehicle on a road or other public place, he shall be liable on conviction to be punished as if the offence charged were an offence under section 26B.
(5) A police officer shall, on requiring any person under this section to provide a specimen for a laboratory test, warn him that failure to provide a specimen of blood may make him liable to imprisonment, a fine and disqualification, and, if the police officer fails to do so, the court before which that person is charged with an offence under subsection (4) may dismiss the charge.

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s 26DProvision of specimen for analysis

(1)

In the course of an investigation whether a person arrested under section 26C(5) has committed an offence under section 26 or 26B, a police officer may, subject to this section and to section 26E, require him to provide —

(a)

a specimen of his breath for a breath test for analysis; or

(b)

at a hospital, a specimen of his blood for a laboratory test, notwithstanding that he has already been required to provide a specimen of his breath for a breath test under section 26C.

(2)

A breath test required under this section shall be conducted by a police officer at a police station.

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(3)

A requirement under this section to provide a specimen of blood shall not be made unless —

(a)

the police officer making the requirement has reasonable cause to believe that for medical reasons a specimen of breath cannot be provided or should not be required;

(b)

at the time the requirement is made, the breath-analyser or other device is not available at the police station or it is for any other reason not practicable to use it; or

(c)

the police officer making the requirement has reasonable cause to suspect that the person required to provide the specimen is under the influence of a drug or an intoxicating substance, and may be made notwithstanding that the person required to provide the specimen has already provided or been required to provide a specimen of his breath.

(4)

A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this section is guilty of an offence and if it is shown that at the time of any accident referred to in section 26C(1)(d) or of his arrest under section 26C(5) —

(a)

he was driving or attempting to drive a motor vehicle on a road or any other public place, he shall be liable on conviction to be punished as if the offence charged were an offence under section 26;

(b)

he was in charge of a motor vehicle on a road or other public place, he shall be liable on conviction to be punished as if the offence charged were an offence under section 26B.

(5)

A police officer shall, on requiring any person under this section to provide a specimen for a laboratory test, warn him that failure to provide a specimen of blood may make him liable to imprisonment, a fine and disqualification, and, if the police officer fails to do so, the court before which that person is charged with an offence under subsection (4) may dismiss the charge.

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