On 20/05/2013,
you requested for the version in force on 20/05/2013
incorporating all amendments published on or before 20/05/2013.
The closest version currently available is that of 01/01/2013.
70.
—(1) In the course of an investigation whether a person arrested under section 69(5) has committed an offence under section 67 or 68, a police officer may, subject to the provisions of this section and section 71, require him —
(a)
to provide a specimen of his breath for analysis by means of a prescribed breath alcohol analyser; or
(b)
to provide at a hospital a specimen of his blood for a laboratory test,
notwithstanding that he has been required to provide a specimen of his breath for a breath test under section 69(1).
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(2) A breath test under this section shall be conducted by a police officer and may be conducted either at or near the place where the arrest is made, or at a police station.
(3) A requirement under this section to provide a specimen of blood —
(a)
shall not be made unless —
(i)
the police officer making the requirement has reasonable cause to believe that for medical reasons a specimen of breath cannot be provided or should not be required;
(ii)
at the time the requirement is made, the prescribed breath alcohol analyser is not available at the police station or it is for any other reason not practicable to use the breath alcohol analyser; or
(iii)
the police officer making the requirement has reasonable cause to suspect that the person required to provide the specimen is under the influence of a drug or an intoxicating substance; and
(b)
may be made notwithstanding that the person required to provide the specimen has already provided or been required to provide a specimen of his breath.
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(4) A person who fails, without reasonable excuse, to provide a specimen when required to do so in pursuance of this section shall be guilty of an offence and if it is shown that at the time of any accident referred to in section 69(1)(d) or of his arrest under section 69(5) —
(a)
he was driving or attempting to drive a motor vehicle on a road or any other public place, he shall be liable on conviction to be punished as if the offence charged were an offence under section 67; or
(b)
he was in charge of a motor vehicle on a road or any other public place, he shall be liable on conviction to be punished as if the offence charged were an offence under section 68.
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(5) A police officer shall, on requiring any person under this section to provide a specimen for a laboratory test, warn him that failure to provide a specimen of blood may make him liable to imprisonment, a fine and disqualification, and, if the police officer fails to do so, the court before which that person is charged with an offence under subsection (4) may dismiss the charge.
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