7. The principal Act is amended by inserting, immediately after section 71, the following section:
71A.
—(1) A police officer may require any person driving or attempting to drive a motor vehicle on a road or other public place to provide forthwith a specimen of his breath for a breath test, if the police officer has reasonable cause —
(a)
to suspect him of having alcohol in his body; or
(b)
to suspect him of having committed a traffic offence while the vehicle was in motion,
but no requirement may be made by virtue of paragraph (b) unless it is made as soon as reasonably practicable after the commission of the traffic offence.
(2) If an accident occurs owing to the presence of a motor vehicle on a road or other public place, a police officer may require any person who he has reasonable cause to believe was driving or attempting to drive the vehicle at the time of the accident to provide a specimen of his breath for a breath test —
(a)
except where paragraph (b) applies, either at or near the place where the requirement is made, or if the police officer thinks fit, at any police station specified by the police officer; or
(b)
if that person is at a hospital as a patient, at the hospital,
but a person shall not be required to provide a specimen while at a hospital as a patient if the medical practitioner in immediate charge of his case is not first notified of the proposal to make the requirement or objects to the provision of such specimen on the ground that its provision or the requirement to provide it would be prejudicial to the proper care or treatment of the patient.
(3) A person who, without reasonable excuse, fails to provide a specimen of his breath for a breath test under subsection (1) or (2) shall be guilty of an offence.
(4) If it appears to a police officer in consequence of a breath test carried out by him on any person under subsection (1) or (2) that the device by means of which the test is carried out indicates that the proportion of alcohol in that person’s blood exceeds the prescribed limit, the police officer may arrest that person without warrant except while that person is at a hospital as a patient.
(5) If a person required by a police officer under subsections (1) and (2) to provide a specimen of breath for a breath test fails or refuses to do so and the police officer has reasonable cause to suspect him of having alcohol in his body, the police officer may arrest him without warrant except while he is at a hospital as a patient.
(6) In this section —
“breath test” means a preliminary test for the purpose of obtaining by means of a device of a type prescribed by the Minister, an indication whether the proportion of alcohol in a person’s blood is likely to exceed the prescribed limit;
“prescribed limit” means 80 milligrammes of alcohol in 100 millilitres of blood.”.