22Liable person failing to submit to breath test, breath analysis or blood-sampling may be taken into custody

22 Liable person failing to submit to breath test, breath analysis or blood-sampling may be taken into custody

(1)  This section applies if a person who is liable to submit to a breath test, breath analysis or blood-sampling under Division 1  –

(a) fails to submit to the breath test, breath analysis or blood-sampling; or

(b) fails to comply with a direction under section 21(2)(b) given in connection with the breath test, breath analysis or blood-sampling, or is in such a condition or behaves in such a manner as to give the police officer who has given the direction (or another police officer) reasonable grounds to believe that the person will not comply with the direction.

(2)  A police officer may –

(a) take the person into custody; and

(b) convey the person, or cause the person to be conveyed, to some appropriate place; and

(c) detain the person at that place for so long as is necessary to enable a requirement to be imposed on the person under section 23 .

(3)  The person, if taken into custody pursuant to subsection (2) , must not –

(a) escape or attempt to escape from custody; or

(b) obstruct or hinder his or her conveyance to a place pursuant to that subsection.

Penalty:  Fine not exceeding 30 penalty units or imprisonment for a term not exceeding one month, or both.