23Person liable to submit to breath analysis may elect to have blood-sampling instead

23 Person liable to submit to breath analysis may elect to have blood-sampling instead

(1)  This section applies if –

(a) a person who is liable to submit to a breath analysis under Division 1 is being detained at a place pursuant to section 22(2) ; and

(b) a breath analysis can be carried out forthwith at the place.

(2)  A police officer may require the person to submit to a breath analysis at the place.

(3)  If the person fails to comply with the requirement, the approved operator of a breath analysing instrument at the place is to inform the person that he or she may elect to submit to a blood-sampling instead of the breath analysis.

(4)  However, the approved operator need not comply with subsection (3) if he or she does not believe that the blood-sampling could be practicably begun within 3 hours after the relevant time.

(5)  If the blood-sampling election is offered and the person makes that election, the approved operator is to arrange for a medical practitioner or nurse to carry out the blood-sampling.