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PART IIN.I.Principal Road Safety Provisions

Motor vehicles: drink and drugsN.I.

[F1ArrestN.I.

17D.—(1) A constable may arrest a person without warrant if as a result of a preliminary breath test [F2or check-point breath test] the constable reasonably suspects that the proportion of alcohol in the person's breath or blood exceeds the prescribed limit.

[F3(1A) The fact that specimens of breath have been provided under Article 18 by the person concerned does not prevent paragraph (1) 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 Article 17 [F4or a check-point breath test under Article 17CA] , 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.

[F5(2A) A person arrested under this Article may, instead of being taken to a police station, be detained at or near the place where the preliminary test [F6or check-point breath test] was, or would have been, administered, with a view to imposing on him there a requirement under Article 18.]

(3) A person may not be arrested under this Article while at a hospital as a patient.]