65Breath analysis of police officers

65 Breath analysis of police officers

65 Breath analysis of police officers

(1) This section applies if—

(a) as a result of a breath test conducted on a police officer under the Act, section 211A, it appears to an authorised person that the prescribed concentration of alcohol may be present in the police officer’s breath or blood, or

(b) an authorised person requires a police officer to submit to a breath test under this part and the police officer refuses or fails to submit to the breath test as directed by the authorised person.

(2) The authorised person may require the police officer to submit to a breath analysis in accordance with the directions of the authorised person.

(3) The breath analysis must be carried out by an authorised person.

(4) As soon as practicable after the police officer has submitted to the breath analysis, the authorised person who carried out the analysis must give the police officer a written statement specifying—

(a) the concentration of alcohol, expressed in grams of alcohol in 210L of breath or 100mL of blood, determined by the analysis to be present in the police officer’s breath or blood, and

(b) the date and time at which the breath analysis was completed.

(5) The statement under subsection (4) must be signed by the authorised person giving the statement.

(6) The police officer may ask the authorised person to arrange for a sample of the police officer’s blood to be taken for analysis under section 68 by a medical practitioner nominated by—

(a) the officer, or

(b) the authorised person.

(7) If the police officer makes a request under subsection (6)—

(a) the authorised person must take all reasonable steps to contact the nominated medical practitioner and arrange for the taking of a sample of the police officer’s blood by the nominated medical practitioner, and

(b) a sample of the police officer’s blood must be taken—

(i) by the nominated medical practitioner, and

(ii) in the presence of the authorised person, and