PART 2Drink-driving
Evidential specimens
5Evidential breath test without preliminary breath test or check-point breath test
1
The Order of 1995 is amended as follows.
2
In Article 17D (power of arrest)—
a
after paragraph (1A) insert—
1B
A constable may arrest a person without warrant if—
a
the constable—
i
in accordance with paragraph (2)(c) of Article 18, has required him to provide specimens of breath under that Article, and
ii
has not required him to co-operate with a preliminary breath test or a check-point breath test, and
b
as a result of the provision by the person of such specimens, the constable reasonably suspects that the proportion of alcohol in his breath or blood exceeds the prescribed limit.
b
in paragraph (2), for “and” after sub-paragraph (a) substitute
or
aa
the person fails to provide a specimen of breath in pursuance of a requirement under Article 18 made in accordance with paragraph (2)(c) of that Article, and
c
in paragraph (2A)—
i
the words from “may,” to the end become sub-paragraph (a),
ii
after that sub-paragraph insert—
b
may, instead of being taken to a police station, in the circumstances mentioned in paragraph (1B)(a), be detained at or near the place where the requirement to provide specimens of breath was, or would have been, made.
3
In Article 18 (provisions of specimens for analysis)—
a
for paragraph (2), substitute—
2
A requirement under this Article to provide specimens of breathmay be made only—
a
at a police station or hospital,
b
in circumstances in which—
i
Article 17(5) applies, and
ii
the constable has imposed a requirement on the person concerned to co-operate with a preliminary breath test,
at or near the place where the preliminary breath test was so administered or would have been so administered but for the failure to co-operate with it, or
c
in circumstances in which Article 17(5) does not apply, at a place other than a police station or hospital if—
i
the constable reasonably suspects that the proportion of alcohol in the person's breath or blood exceeds the prescribed limit, and
ii
a device mentioned in paragraph (1)(a) is available to be used for the taking of the specimens.
b
paragraphs (2A) and (2B) are omitted,
c
in paragraph (2C), for “relevant breath test” substitute “
preliminary breath test or check-point breath test
”
,
d
in paragraph (3), after “is” insert “
in uniform and
”
.
I16Choice of specimens
Article 19 of the Order of 1995 (choice of specimens of breath) is amended asfollows—
a
for the title, substitute “
Lower of 2 specimens of breath to be used
”
,
b
in paragraph (1), the words “Subject to paragraph (2),” are omitted,
c
paragraphs (2), (2A) and (3) are omitted.