28Blood-sampling may be required even if breath test or analysis not safe or practicable

28 Blood-sampling may be required even if breath test or analysis not safe or practicable

(1)  This section applies if a police officer –

(a) is prevented by section 27 from requiring a person to submit to a breath test or breath analysis under this Act but is not similarly impeded as regards requiring a blood-sampling; or

(b) believes that, by reason of a person's condition –

(i) it would be impracticable or unreasonable to require the person to submit to a breath test or breath analysis under this Act; or

(ii) it might not be safe to require the person to submit to a breath test or breath analysis under this Act.

(2)  The police officer may require the person to submit to a blood-sampling instead of the breath test or breath analysis.

(3)  The person must not, if the police officer's power under subsection (2) is exercised, fail without reasonable excuse to –

(a) submit to the blood-sampling; and

(b) comply with such directions as the police officer (or another police officer) may give the person to enable the blood-sampling to be carried out.

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

(4)  Without limiting the generality of subsection (3)(b) , the person may be directed to –

(a) go to such place (by such means and with such persons) as the relevant police officer nominates; and

(b) submit to the blood-sampling at that place.

(5)  In proceedings for an offence under subsection (3) , the medical or physical condition of the defendant at the time of the alleged offence is not a reasonable excuse for the purposes of that subsection unless the court is satisfied by medical evidence that, by reason of that condition –

(a) it was not possible, practicable or safe for the defendant to submit to the blood-sampling; or