New South Wales Consolidated Acts

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 39A

39A Police may conduct random breath and oral fluid testing at same time

(1) Nothing in this Act prevents a police officer requiring a person to undergo both breath testing and oral fluid testing.

(2) If a police officer requests or signals a driver of a motor vehicle to stop for the purpose of both section 13 (Power to conduct random breath testing) and section 18B (Power to conduct random oral fluid testing) and the driver fails to comply with the request or signal, the driver may be convicted of an offence under section 13 (5) or an offence under section 18B (5), but not both.