Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) A police officer shall not require a person to undergo a screening test under section 8, section 9 or section 10 or require a person to provide a sample of his or her breath for breath analysis under section 12, and an approved operator shall not begin or continue the breath analysis of a person under section 12—
(a) for an accident—
(i) if the person is taken to hospital—if more than 2 hours have elapsed since his or her arrival at the hospital; or
(ii) in any other case—if more than 2 hours have elapsed since the accident occurred; or
(c) in any other case—if more than 2 hours have elapsed since the person ceased to be the driver of the motor vehicle.
(2) If subsection (1) (a) (ii) applies and—
(a) a police officer attending the scene of the accident has doubt as to the time when the accident occurred; and
(b) the relevant person is found at or near the scene of the accident; and
(c) the police officer has reasonable cause to suspect that the person was in the vehicle at the time of the accident;
subsection (1) applies in relation to that person if more than 2 hours have elapsed since the person was found.
(3) A police officer shall not require a person to undergo a screening test under section 8, section 9 or section 10 or to provide a sample of his or her breath for breath analysis under section 12—
(a) if it appears to the police officer that it may be, because of injury suffered by the person or otherwise, dangerous or not practicable for that person to undergo a screening test or to submit his or her breath for analysis; or
(b) if the person is in hospital and the doctor or authorised nurse practitioner attending the person certifies in writing that, in his or her opinion, complying with the requirement would be detrimental to the person's medical condition; or
(c) for a person who is at the place where the person usually lives—
(i) unless the person was, or the police officer has reasonable cause to suspect that the person was, the driver of a motor vehicle at the time when it was involved in an accident on a public street or in a public place; or
(ii) unless the police officer has reasonable cause to suspect that the person has committed an offence of culpable driving; or
(iii) unless the requirement is made immediately after a motor vehicle driven by the person has stopped at or near the place where the person usually lives and the police officer making the requirement has followed the motor vehicle while it was being driven on the public street.
(4) If the person is in hospital, the police officer must, before making the requirement, tell the doctor or authorised nurse practitioner attending the person of the officer's intention to make the requirement.