No need for preliminary breath test before evidential breath test: road transportE+W+S
3(1)The Road Traffic Act 1988 is amended as follows.E+W+S
(2)In section 7 (provision of specimens for analysis), for subsection (2) substitute—
“(2)A constable may make a requirement under this section to provide specimens of breath only if—
(a)the requirement is made at a police station or a hospital,
(b)the requirement is imposed in circumstances where section 6(5) of this Act applies, or
(c)the constable is in uniform.”
(3)Omit subsections (2A) and (2B).
(4)After subsection (2C) insert—
“(2CA)For the purposes of subsection (2C) “a relevant breath test” is a procedure involving the provision by the person concerned of a specimen of breath to be used for the purpose of obtaining an indication whether the proportion of alcohol in his breath or blood is likely to exceed the prescribed limit.”
(5)After subsection (5) insert—
“(5A)A constable may arrest a person without warrant if—
(a)the person fails to provide a specimen of breath when required to do so in pursuance of this section, and
(b)the constable reasonably suspects that the person has alcohol in his body.”
Commencement Information
I1Sch. 11 para. 3 in force at 10.4.2015 by S.I. 2015/994, art. 4