AustLII Tasmanian Consolidated Acts

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ROAD SAFETY (ALCOHOL AND DRUGS) ACT 1970 - SECT 7A

Division 2 - Examination of persons for alcohol or drugs 7A. Power of police officer to require driver of motor vehicle to undergo breath test

      (1) A police officer may require any person who is driving a motor vehicle on a public street to undergo, at or near the place where the requirement is made, a breath test and, for the purpose of enabling him to make such a request, may, if necessary, direct that person, by signal or otherwise, to stop his vehicle.

      (2) A requirement or direction under subsection (1) may be made by a police officer whether or not he has grounds for suspecting that a person may have consumed intoxicating liquor.

      (3) Where under subsection (1) a police officer requires a person to undergo a breath test, that person shall comply with the requirement in the presence of that officer or another police officer and in accordance with such directions as may be given by that officer or that other officer.

      (4) Where, after requiring a person to undergo a breath test in accordance with this section, a police officer reasonably believes that alcohol may be present in that person's breath or blood, whether as a result of such a test or not, that person becomes liable to submit to a breath analysis.

      (5) It is the duty of a police officer to ensure that he does not cause a person to be detained for a period longer than is necessary for the proper exercise of the powers conferred by this section.



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