50Presumptions regarding breath tests and analyses, &c.

50 Presumptions regarding breath tests and analyses, &c.

(1)  In any proceedings –

(a) the concentration of alcohol in a sample of blood taken from a person in accordance with this Act is to be taken to be the actual concentration of alcohol in the person's blood when the sample was taken, unless it is established on the balance of probabilities that the concentration of alcohol in the person's blood at that time was not greater than the permitted concentration; and

(b) the concentration of alcohol in a person's breath as determined by a properly carried out breath analysis under this Act is to be taken to be the actual concentration of alcohol in the person's breath when he or she submitted to the breath analysis, unless it is established on the balance of probabilities that the concentration of alcohol in the person's breath at that time was not greater than the permitted concentration; and

(c) if there is conflict between the evidence referred to in paragraph (a) and the evidence referred to in paragraph (b) , the evidence referred to in paragraph (a) prevails.

(2)  If, in any proceedings, it is established that the concentration of alcohol in the breath or blood of a person who became liable to submit to a breath analysis or blood-sampling under this Act was, at any time within 4 hours after the relevant time, equal to or not less than a particular concentration (being a concentration not less than the permitted concentration), that particular concentration is to be taken to have been the concentration of alcohol in the person's breath or blood at the time of the relevant act of operating a vessel unless it is established that the concentration of alcohol in the person's breath or blood at the time of that act was not greater than the permitted concentration.

(3)  If, in any proceedings against a person for an offence under section 13(1) , it is established that the person became liable to submit to a breath analysis or blood-sampling under this Act and had alcohol in his or her breath or blood at any time within 4 hours after the relevant time, it is to be presumed, unless the contrary is proved, that the person had alcohol in his or her breath or blood at the time of the relevant act of operating a vessel.

(4)  For the purposes of this section, a breath analysis is properly carried out if it is carried out by means of a breath analysing instrument in proper working order operated by an approved operator in an approved way.