Australian Capital Territory Consolidated Acts

ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977 - SECT 11

    (1)     If—

        (a)     a person undergoes a screening test under a requirement made by a police officer under section 8, section 9 or section 10 and the approved screening device used in the screening test indicates to the police officer that the concentration of alcohol in the blood of the person is equal to or more than the prescribed concentration; or

        (b)     a person who has been required by a police officer under section 8, section 9 or section 10 to undergo a screening test refuses to undergo the screening test; or

        (c)     a person who has been required by a police officer under section 8, section 9 or section 10 to undergo a screening test fails to undergo the screening test in accordance with the direction of the police officer;

the police officer may take the person into custody and, if so, the officer shall take the person or shall place the person in the custody of another police officer who shall take the person, as soon as practicable to a police station or some other convenient place for the purpose of having a breath analysis of the person carried out.

    (2)     If—

        (a)     under subsection (1) (a) the approved screening device used in the screening test indicates to the police officer that the concentration of alcohol in the blood of the person is equal to or more than 0.02g of alcohol per 100mL of blood; and

        (b)     the police officer has reasonable grounds to believe that the person is a special driver;

subsection (1) applies in relation to that person accordingly.