New South Wales Consolidated Acts

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ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 26

Arrest following failure to submit to (or pass) sobriety assessment

26 Arrest following failure to submit to (or pass) sobriety assessment

(cf Traffic Act, s 5AA (3))
If the person refuses to submit to a sobriety assessment under this Division or, after the assessment has been made, a police officer has a reasonable belief that the person is under the influence of a drug, the police officer may:

(a) arrest that person without warrant, and
(b) take the person (or cause the person to be taken) with such force as may be necessary to a hospital or a place prescribed by the regulations and there detain the person (or cause the person to be detained) for the purposes of this Division.



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