395.This section amends sections 6D (Arrest), 7 (Provision of specimens for analysis), 8 (Choice of specimens of breath), 9 (Protection for hospital patients) and 10 (Detention of persons affected by alcohol or a drug) of the Road Traffic Act 1988. The amendments will permit police to carry out an evidential breath test not only at a police station, but also at a hospital, or at or near a place (such as the roadside) where a preliminary breath test has been administered. The results of the evidential breath test will be admissible as evidence in court. Under the current law an evidential breath test may only be administered at a police station.
396.The preliminary test will continue to be available under section 6A (Power to administer preliminary tests) for the police to screen suspects. The option of taking a person to a police station for an evidential test remains.
397.In the event of a positive result or a refusal, or if the police officer believes the equipment not to be working properly, the person may be arrested and taken to a police station. If a person is unable to provide breath he may be required to provide a specimen of blood or urine, which must be taken at a police station. If the breath reading is no more than 50 microgrammes of alcohol per 100 millilitres of breath, the person who provided it may ask for it to be replaced by a specimen of blood or urine which must be taken at a police station.
398.Although the police may complete the evidential breath testing procedure satisfactorily at the roadside they may need in some circumstances to arrest the person and detain him at a police station until he is fit to drive. The section amends section 10 of the Road Traffic Act 1988 so as to provide that a person may be detained at a police station if a constable has reasonable grounds for believing that, were that person then driving or attempting to drive a mechanically propelled vehicle on a road, he would commit an offence under section 4 or 5 of that Act.
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