New South Wales Consolidated Acts

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 14

14 Arrest following failed breath test

(cf Traffic Act, s 4E (3))

(1) A police officer may exercise the powers referred to in subsection (2) in respect of a person if:

(a1) it appears to the officer from a breath test carried out under section 13 (1) by the officer that the device by means of which the test was carried out indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grammes in 210 litres of breath or 100 millilitres of blood and the officer has reasonable cause to believe the person is the holder of a learner licence or a provisional licence in respect of the motor vehicle concerned, or

(a) it appears to the officer from a breath test carried out under section 13 (1) by the officer that the device by means of which the test was carried out indicates that there may be present in the person’s breath or blood a concentration of alcohol of not less than 0.02 grammes in 210 litres of breath or 100 millilitres of blood and the officer has reasonable cause to believe the person is a special category driver in respect of the motor vehicle concerned, or

(b) it appears to the officer from a breath test carried out under section 13 (1) by the officer that the device by means of which the test was carried out indicates that there may be present in the person’s breath or blood a concentration of alcohol of not less than 0.05 grammes in 210 litres of breath or 100 millilitres of blood, or

(c) the person refused to undergo a breath test required by a police officer under section 13 (1) or fails to undergo that test in accordance with the directions of the officer.

(2) A police officer may:

(a) arrest a person referred to in subsection (1) without warrant, and

(b) take the person, or cause the person to be taken, with such force as may be necessary, to a police station or some other place as the officer considers desirable, and

(c) detain the person, or cause the person to be detained, at that police station or other place for the purposes of this Division.