10 Detention of persons affected by alcohol or a drug.U.K.
(1)Subject to subsections (2) and (3) below, a person required [F1under section 7 or 7A] to provide a specimen of breath, blood or urine may afterwards be detained at a police station [F2(or, if the specimen was provided otherwise than at a police station, arrested and taken to and detained at a police station) if a constable has reasonable grounds for believing] that, were that person then driving or attempting to drive a [F3mechanically propelled vehicle] on a road, he would [F4commit] an offence under section 4[F5, 5 or 5A] of this Act.
(2)[F6Subsection (1) above does not apply to the person if it ought reasonably to appear to the] constable that there is no likelihood of his driving or attempting to drive a [F3mechanically propelled vehicle] [F7whilst—
(a)the person's ability to drive properly is impaired,
(b)the proportion of alcohol in the person's breath, blood or urine exceeds the prescribed limit, or
(c)the proportion of a specified controlled drug in the person's blood or urine exceeds the specified limit for that drug.]
[F8(2A)A person who is at a hospital as a patient shall not be arrested and taken from there to a police station in pursuance of this section if it would be prejudicial to his proper care and treatment as a patient.]
(3)A constable must consult a medical practitioner on any question arising under this section whether a person’s ability to drive properly is or might be impaired through drugs and must act on the medical practitioner’s advice.
Textual Amendments
F1Words in s. 10(1) inserted (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 107, 120, Sch. 7 para. 4; S.I. 2004/827, art. 3
F2Words in s. 10(1) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 154(10)(a), 178; S.I. 2005/1521, art. 3(1) (subject to art. 3(4)(5))
F3Words in s. 10(1)(2) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 43; S.I. 1992/1286, art. 2,Sch.
F4Words in s. 10(1) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 154(10)(b), 178; S.I. 2005/1521, art. 3(1) (subject to art. 3(4)(5))
F5Words in s. 10(1) substituted (2.3.2015 for E.W., 1.3.2018 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 22 para. 6(2) (with Sch. 22 para. 8); S.I. 2014/3268, art. 2; S.I. 2018/161, art. 2; S.I. 2018/162, art. 2; S.I. 2014/3268, art. 2; S.I. 2018/161, art. 2; S.I. 2018/162, art. 2
F6Words in s. 10(2) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 154(11), 178; S.I. 2005/1521, art. 3(1) (subject to art. 3(4)(5))
F7Words in s. 10(2) substituted (2.3.2015 for E.W., 1.3.2018 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 22 para. 6(3) (with Sch. 22 para. 8); S.I. 2014/3268, art. 2; S.I. 2018/161, art. 2; S.I. 2018/162, art. 2; S.I. 2014/3268, art. 2; S.I. 2018/161, art. 2; S.I. 2018/162, art. 2
F8S. 10(2A) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 154(12), 178; S.I. 2005/1521, art. 3(1) (subject to art. 3(4)(5))
Modifications etc. (not altering text)
C1S. 10 applied (with modifications) (29.3.2004 for certain purposes and 30.3.2004 otherwise) by Railways and Transport Safety Act 2003 (c. 20), ss. 83(1)(3), 96(1)(3), 120 (with ss. 90, 100); S.I. 2004/827, arts. 2, 3
C2Ss. 4-11 applied (with modifications) (5.8.2011) by The Road Traffic (Drink and Drugs) (Cambridgeshire Guided Busway) Regulations 2011 (S.I. 2011/1652), regs. 1, 3