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)Subject to subsections (2) and (3) below, a person required to provide a specimen of breath, blood or urine may afterwards be detained at a police station until it appears to the constable that, were that person then driving or attempting to drive a [F1mechanically propelled vehicle] on a road, he would not be committing an offence under section 4 or 5 of this Act.
(2)A person shall not be detained in pursuance of this section if it appears to a constable that there is no likelihood of his driving or attempting to drive a [F1mechanically propelled vehicle] whilst his ability to drive properly is impaired or whilst the proportion of alcohol in his breath, blood or urine exceeds the prescribed limit.
(3)A constable must consult a medical practitioner on any question arising under this section whether a person’s ability to drive properly is or might be impaired through drugs and must act on the medical practitioner’s advice.
Textual Amendments
F1Words in s. 10(1)(2) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 43; S.I. 1992/1286, art. 2,Sch.
Modifications etc. (not altering text)
C2S. 10 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