New South Wales Consolidated Acts

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 25

25 Police officer may require sobriety assessment

(cf Traffic Act, s 5AA (1) and (2))

(1) A police officer may require a person to submit to an assessment of his or her sobriety in accordance with the directions of the officer if:

(a) the person has undergone a breath test in accordance with Division 3, and

(b) the result of the test does not permit the person to be required to submit to a breath analysis.

(2) A person cannot be required to submit to a sobriety assessment unless:

(a) a police officer has a reasonable belief that, by the way in which the person:

(i) is or was driving a motor vehicle on a road or road related area, or

(ii) is or was occupying the driving seat of a motor vehicle on a road or road related area and attempting to put the vehicle in motion,

the person may be under the influence of a drug, and

(b) the assessment is carried out by a police officer at or near the place where the person underwent the breath test.