24Offence to refuse breath analysis while in custody if alternative election not made, &c.

24 Offence to refuse breath analysis while in custody if alternative election not made, &c.

(1)  This section applies if a person is liable to submit to a breath analysis under section 23(2) .

(2)  The person must not fail to submit to the breath analysis.

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

(3)  However, it is a defence in any proceedings for an offence under subsection (2) if the defendant establishes that –

(a) the defendant was informed in accordance with section 23(3) that he or she could elect to submit to a blood-sampling instead of the breath analysis; and

(b) the defendant made that election; and

(c) the blood-sampling was, or could have practicably been, carried out within 3 hours after the relevant time.