Northern Territory Consolidated Acts

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TRAFFIC ACT - SECT 29AAC

Breath test and breath analysis

29AAC. Breath test and breath analysis

(1) A police officer may, in the following circumstances, require a person to submit to a breath test or a breath analysis (or both) to determine if the person's blood contains alcohol:

(a) the person is a driver directed to pull over under section 29AAB(1)(a);

(b) the officer has reasonable cause to suspect the person:

(i) has committed an offence against Division 2 or 4; or

(ii) was the driver of a motor vehicle that was involved in a crash on a road, road-related area or public place; or

(iii) was involved in a crash on a road, road-related area or public place and the person has, or had at the time of the crash, alcohol in the person's blood.

(2) The officer may only require the person to submit to a breath test or breath analysis if not more than 4 hours has expired since the driver was pulled over or the offence, or crash, mentioned in subsection (1) occurred.

(3) If a police officer requires a person to submit to a breath test, the person must comply with the directions given by the officer or another police officer.

(4) If a police officer requires a person to submit to a breath test and:

(a) the person fails to provide a sufficient sample of breath for the completion of the test; or

(b) the officer reasonably believes (whether as a result of the test or otherwise) that the person may have committed an offence under Division 2;

the officer or another police officer may arrest the person without warrant and detain the person for the purpose of carrying out a breath analysis.

(5) A police officer may require the arrested person to submit to a breath analysis.

(6) A police officer must not require a person to submit to a breath test or breath analysis under this section if it appears to the officer that the person:

(a) is injured, and the officer is satisfied it may be detrimental to the person's medical condition for the person to submit to the breath test or breath analysis within the time mentioned in subsection (2); or

(b) has a physical disability that prevents the person from providing a sufficient sample of breath for the completion of a breath test or breath analysis.



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