South Australian Consolidated Regulations South Australian Consolidated Regulations (1) Pursuant to
section 47E(2e) of the Act (Police may require alcotest or breath analysis),
where a person submits to a breath analysis, the breath analysis must be
conducted in the following manner:
(a) the
person must provide two separate samples of breath for analysis; and
(b) each
sample must be provided in accordance with the directions of the operator of
the breath analysing instrument and must consist of not less than one litre of
breath; and
(c)
there must be an interval of not less than two minutes and not more than
10 minutes between the provision of the samples.
(2) Despite
subregulation (1)—
(a) if,
on analysing a sample of breath, the breath analysing instrument indicates an
error in the analysis of the sample—
(i)
that sample, or, if that sample was the second sample
provided, both samples, must be disregarded; and
(ii)
the person may be required to provide two further samples
of breath for analysis using a different instrument (and such samples must be
provided in accordance with subregulation (1)(b) and (c)); or
(b) if,
on analysing a sample of breath, the breath analysing instrument indicates the
presence of alcohol in the mouth of the person—
(i)
that sample, or, if that sample was the second sample
provided, both samples, must be disregarded; and
(ii)
the person may be required to provide two further samples
of breath for analysis (and such samples must be provided in accordance with
subregulation (1)(b) and (c)); or
(c) if,
on analysing two samples of breath, the breath analysing instrument indicates
that the reading obtained on analysis of the second sample was more than 15%
higher or lower than the reading obtained on analysis of the first
sample—
(i)
those samples must be disregarded; and
(ii)
the person may be required to provide two further samples
of breath for analysis (and such samples must be provided in accordance with
subregulation (1)(b) and (c)); or
(d) if,
for any reason, a second sample of breath is not provided within
10 minutes of the provision of the first sample—
(i)
the first sample is to be disregarded; and
(ii)
the person may be required to provide two further samples
of breath for analysis (and such samples must be provided in accordance with
subregulation (1)(b) and (c)).
(3) Where a person
submits to a breath analysis, the result of the breath analysis will, for the
purposes of the Road Traffic Act 1961 and any other Act, be taken to be
the reading produced by the breath analysing instrument, on analysis of the
samples of breath provided by the person in accordance with this regulation,
that indicates the lower concentration of alcohol in the person's breath (not
taking into account any samples that, in accordance with this regulation, are
to be disregarded).