On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 01/01/2013.
69.
—(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 alcohol in his body 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 he 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,
the police officer may, subject to section 71, require that person to provide a specimen of his breath for a breath test.
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(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 is made or, if the requirement is made under subsection (1)(d) and the police officer making the requirement thinks fit, at a police station specified by the police officer.
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(3) A breath test required under subsection (1) shall be conducted by a police officer.
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(4) A person who fails, without reasonable excuse, to provide a specimen of his breath when required to do so in pursuance of this section shall be guilty of an offence and shall be liable on conviction to a fine of not less than $1,000 and not more than $5,000 or to imprisonment for a term not exceeding 6 months and, in the case of a second or subsequent conviction, to a fine of not less than $3,000 and not more than $10,000 and to imprisonment for a term not exceeding 12 months.
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(5) A police officer may arrest a 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.
(6) A person shall not be arrested by virtue of subsection (5) when he is at a hospital as a patient.
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