Road Traffic Act · s 26C

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26C.
Breath tests
(1) Where a police officer has reasonable cause to suspect that —
(a) a person driving or attempting to drive or in charge of a motor vehicle on a road or other public place has so much alcohol in his body that the proportion of it in his breath or blood exceeds the prescribed limit, or has committed a traffic offence whilst the vehicle was in motion;
(b) a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place with alcohol in his body and that person still has alcohol in his body;
(c) a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place and has committed a traffic offence whilst the vehicle was in motion; or
(d) a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place when an accident occurred —
(i) between that motor vehicle and one or more other motor vehicles; or
(ii) causing any injury or death to another person, he may, subject to section 26E, require that person forthwith to provide a specimen of his breath for a breath test.
(2) A person may be required under subsection (1) to provide a specimen of his breath either at or near the place where the requirement was made or, if the requirement was made under paragraph (d) of that subsection and the police officer making the requirement thinks fit, at a police station specified by the police officer.
(3) A breath test required under subsection (1) shall be conducted by a police officer.

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(4) A person who, without reasonable excuse, fails to provide a specimen of his breath when required to do so in pursuance of this section is guilty of an offence and liable on conviction to a fine of not less than $1,000 and not more than $5,000 or imprisonment for 6 months and, in the case of a second or subsequent conviction, to a fine of $3,000 and not more than $10,000 and imprisonment for 12 months.
(5) A police officer may arrest any person without warrant if —
(a) as a result of a breath test he has reasonable cause to suspect that the proportion of alcohol in that person’s breath or blood exceeds the prescribed limit;
(b) that person has failed to provide a specimen of his breath for a breath test when required to do so in pursuance of this section and the police officer has reasonable cause to suspect that he has alcohol in his body; or
(c) he has reasonable cause to suspect that that person is under the influence of a drug or an intoxicating substance.
A person shall not be arrested by virtue of this subsection when he is at a hospital as a patient.

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s 26CBreath tests

(1)

Where a police officer has reasonable cause to suspect that —

(a)

a person driving or attempting to drive or in charge of a motor vehicle on a road or other public place has so much alcohol in his body that the proportion of it in his breath or blood exceeds the prescribed limit, or has committed a traffic offence whilst the vehicle was in motion;

(b)

a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place with alcohol in his body and that person still has alcohol in his body;

(c)

a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place and has committed a traffic offence whilst the vehicle was in motion; or

(d)

a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place when an accident occurred —

(i)

between that motor vehicle and one or more other motor vehicles; or

(ii)

causing any injury or death to another person, he may, subject to section 26E, require that person forthwith to provide a specimen of his breath for a breath test.

(2)

A person may be required under subsection (1) to provide a specimen of his breath either at or near the place where the requirement was made or, if the requirement was made under paragraph (d) of that subsection and the police officer making the requirement thinks fit, at a police station specified by the police officer.

(3)

A breath test required under subsection (1) shall be conducted by a police officer.

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(4)

A person who, without reasonable excuse, fails to provide a specimen of his breath when required to do so in pursuance of this section is guilty of an offence and liable on conviction to a fine of not less than $1,000 and not more than $5,000 or imprisonment for 6 months and, in the case of a second or subsequent conviction, to a fine of $3,000 and not more than $10,000 and imprisonment for 12 months.

(5)

A police officer may arrest any person without warrant if —

(a)

as a result of a breath test he has reasonable cause to suspect that the proportion of alcohol in that person’s breath or blood exceeds the prescribed limit;

(b)

that person has failed to provide a specimen of his breath for a breath test when required to do so in pursuance of this section and the police officer has reasonable cause to suspect that he has alcohol in his body; or

(c)

he has reasonable cause to suspect that that person is under the influence of a drug or an intoxicating substance.

A person shall not be arrested by virtue of this subsection when he is at a hospital as a patient.