Modifications etc. (not altering text)
C1Pt. I modified (E.W.S.) (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), art. 27
(1)A constable may arrest a person without warrant if as a result of a preliminary breath test [F2or preliminary drug test the constable reasonably suspects that—
(a)the proportion of alcohol in the person's breath or blood exceeds the prescribed limit, or
(b)the person has a specified controlled drug in his body and the proportion of it in the person's blood or urine exceeds the specified limit for that drug.]
[F3(1A)The fact that specimens of breath have been provided under section 7 of this Act by the person concerned does not prevent subsection (1) above having effect if the constable who imposed on him the requirement to provide the specimens has reasonable cause to believe that the device used to analyse the specimens has not produced a reliable indication of the proportion of alcohol in the breath of the person.]
(2)A constable may arrest a person without warrant if—
(a)the person fails to co-operate with a preliminary test in pursuance of a requirement imposed under section 6, and
(b)the constable reasonably suspects that the person has alcohol or a drug in his body or is under the influence of a drug.
[F4(2A)A person arrested under this section may, instead of being taken to a police station, be detained at or near the place where the preliminary test was, or would have been, administered, with a view to imposing on him there a requirement under section 7 of this Act.]
[F5(2A)Instead of, or before, arresting a person under this section, a constable may detain the person at or near the place where the preliminary test was, or would have been, administered with a view to imposing on the person there a requirement under section 7.]
(3)A person may not be arrested under this section while at a hospital as a patient.]
Textual Amendments
F1Ss. 6-6E substituted (29.3.2004 for certain purposes and 30.3.2004 otherwise) for s. 6 by Railways and Transport Safety Act 2003 (c. 20), ss. 107, 120, Sch. 7 para. 1; S.I. 2004/827, arts. 2, 3
F2Words in s. 6D(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. 4 (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
F3S. 6D(1A) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 154(2), 178; S.I. 2005/1521, art. 3(1) (subject to art. 3(4)(5))
F4S. 6D(2A) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 154(3), 178; S.I. 2005/1521, art. 3(1) (subject to art. 3(4)(5))
F5S. 6D(2A) substituted (S.) (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 36; S.S.I. 2017/345, art. 3, sch. (with art. 4)
Modifications etc. (not altering text)
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
C3Ss. 6A-6E 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