Requirement to submit further sample of breath
15 Requirement to submit further sample of breath
Where —
a selected member has provided a sample of his or her breath for a preliminary test and the preliminary test returns a presumptive positive test result for alcohol; or
the selected member having been so required —
refuses or fails to provide, or appears to be incapable of providing, a sample of his or her breath for a preliminary test; or
refuses or fails to provide, or appears to be incapable of providing, a sample of his or her breath in sufficient quantity to enable a preliminary test to be carried out,
the approved person may require that selected member to provide a further sample of his or her breath for analysis by an authorised person, pursuant to the provisions of subregulation (2) or a sample of blood or urine under regulation 17, and, in order to do so, may require the selected member to accompany a member to a police station or some other place, and may require that selected member to wait at any such police station or place.
A selected member who is required to supply a sample of breath for analysis shall comply with that requirement by providing the sample of breath into breath analysing equipment, for analysis by an authorised person, in accordance with the directions of the approved person.
A selected member is not required under subregulation (1) to provide a sample of breath for analysis if, because of his or her physical condition, the selected member is incapable of providing the specimen of breath or a specimen of breath in sufficient quantity for analysis.
[Regulation 15 amended: SL 2021/99 r. 6.]
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