New South Wales Consolidated Acts

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 15

15 Breath analysis following arrest

(cf Traffic Act, s 4E (4), (7), (8) and (10))

(1) A police officer may require a person who has been arrested under section 14 to submit to a breath analysis in accordance with the directions of the officer.

(2) A breath analysis must be carried out by a police officer authorised to do so by the Commissioner of Police at or near a police station or such other place as that officer considers desirable.

(3) As soon as practicable after a person has submitted to a breath analysis, the police officer operating the breath analysing instrument must deliver a written statement to that person signed by that officer specifying the following:

(a) the concentration of alcohol determined by the analysis to be present in that person’s breath or blood and expressed in grammes of alcohol in 210 litres of breath or 100 millilitres of blood,

(b) the day on and time of the day at which the breath analysis was completed.

(4) A person who is required by a police officer under subsection (1) to submit to a breath analysis must not refuse or fail to submit to that analysis in accordance with the directions of the officer.

Maximum penalty: 30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).

(5) It is a defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant was unable on medical grounds, at the time the defendant was required to do so, to submit to a breath analysis.