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.