Requirement to submit further sample of breath
17 Requirement to submit further sample of breath
Where —
a selected prison officer has provided a sample of their breath for a preliminary test and the preliminary test returns a presumptive positive test result for alcohol; or
the selected prison officer having been so required —
refuses or fails to provide, or appears to be incapable of providing, a sample of their breath for a preliminary test; or
refuses or fails to provide, or appears to be incapable of providing, a sample of their breath in sufficient quantity to enable a preliminary test to be carried out,
the approved person may require that selected prison officer to provide a further sample of their breath for analysis by an authorised person, under the provisions of subregulation (2) or a sample of blood or urine under regulation 19.
A selected prison officer who is required to supply a sample of breath for analysis must 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 prison officer is not required under subregulation (1) to provide a sample of breath for analysis if, because of their physical condition, the selected prison officer is incapable of providing the specimen of breath or a specimen of breath in sufficient quantity for analysis.
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