Use of indicated BrAC or BAC in court proceedings
29AAT Use of indicated BrAC or BAC in court proceedings
This section applies:
in any proceedings in a court; and
(b) even if evidence is given that the person consumed alcohol after the time of the alleged commission of the offence (the relevant time) and before the breath analysis was carried out or the sample of blood was taken.
(2) If a breath analysis is carried out on a person in accordance with section 29AAC or 29AAD, the BrAC indicated by the analysis is taken to be the BrAC of the person at the relevant time.
(3) If more than one breath analysis was carried out, the lower of the BrAC indicated is taken to be the BrAC of the person at the relevant time.
(4) If a sample of a person's blood is taken in accordance with section 29AAK:
(a) the BAC indicated by analysis of the sample is taken to be the BAC of the person at the relevant time; and
(b) any prohibited drug detected in the person's blood is taken to have been present in the person's body at the relevant time.
(5) If the person's blood is analysed because the person was taken to a hospital or health centre with injuries that may have been caused in a crash:
(a) the BAC indicated by the analysis is taken to be the BAC of the person at the time of the crash; and
(b) any prohibited drug detected in the person's blood is taken to have been present in the person's body at the time of the crash.
This Act’s bill:Second reading speech
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