8Liability for breath test as a result of conduct

### 8 Liability for breath test as a result of conduct > *\[Section 8 Substituted by No. 91 of 1982, s. 5 \]* > > > (1)  [*\[Section 8 Subsection (1) amended by No. 38 of 2017, s. 17, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS17@Hpb@EN) [*\[Section 8 Subsection (1) amended by No. 38 of 2017, s. 17, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS17@Hpa@EN) [*\[Section 8 Subsection (1) amended by No. 28 of 2005, s. 10, Applied:01 Feb 2006\]*](/view/html/inforce/2006-02-01/act-2005-028#GS10@Hpa@EN) Where at any time a police officer finds a person in circumstances which give him cause to suspect that alcohol may be present in that person's breath or blood and the police officer reasonably believes that that person drove a motor vehicle while that alcohol was so present, that person becomes liable to submit to a breath analysis. > > > (2)  [*\[Section 8 Subsection (2) amended by No. 38 of 2017, s. 17, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS17@Hpc@EN) [*\[Section 8 Subsection (2) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja21@GC4@Hpc@EN) Where a police officer reasonably believes that, while a motor vehicle was in motion, an offence under [section 167A of the](/view/html/inforce/2026-04-12/act-1924-069#GS167A@EN) [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) , or an offence under this Act, the [Traffic Act 1925](/view/html/inforce/2026-04-12/act-1925-038) or the [Vehicle and Traffic Act 1999](/view/html/inforce/2026-04-12/act-1999-070) , was committed, the person (if any) who was driving the vehicle when it was in motion becomes liable to submit to a breath analysis. > > > (2A)  [*\[Section 8 Subsection (2A) amended by No. 38 of 2017, s. 17, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS17@Hpe@EN) [*\[Section 8 Subsection (2A) amended by No. 38 of 2017, s. 17, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS17@Hpd@EN) [*\[Section 8 Subsection (2A) inserted by No. 68 of 2007, s. 5, Applied:19 Dec 2007\]*](/view/html/inforce/2007-12-19/act-2007-068#GS5@Hpa@EN) Where the driver of a vehicle that has been involved in a crash cannot be immediately identified, any person who was in the vehicle at the time of the crash becomes liable to submit to a breath analysis. > > > (3)  [*\[Section 8 Subsection (3) amended by No. 38 of 2017, s. 17, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS17@Hpg@EN) [*\[Section 8 Subsection (3) amended by No. 38 of 2017, s. 17, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS17@Hpf@EN) Where a police officer reasonably believes that, while a motor vehicle was in motion, the vehicle became involved in a crash, the person (if any) who was driving the vehicle at the time of the crash becomes liable to submit to a breath analysis. > > > (4)  Without affecting the generality of [subsection (1)](#GS8@Gs1@EN) , a police officer may, for the purpose of forming the suspicion referred to in that subsection, deduce from the manner in which the person concerned was behaving at the time when the police officer found him that that person may have had alcohol in his body at that time. > > > (5)  [*\[Section 8 Subsection (5) amended by No. 38 of 2017, s. 17, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS17@Hph@EN) Where a motor vehicle continues in motion after the commission of an offence referred to in [subsection (2)](#GS8@Gs2@EN) or after the occurrence of a crash referred to in [subsection (3)](#GS8@Gs3@EN) , the police officer concerned may, if necessary, direct the person who is driving the vehicle, by signal or otherwise, to stop his vehicle. > > > (6)  [*\[Section 8 Subsection (6) amended by No. 68 of 2007, s. 5, Applied:19 Dec 2007\]*](/view/html/inforce/2007-12-19/act-2007-068#GS5@Hpb@EN) Where a person has become liable to undergo a breath analysis by virtue of [subsection (1)](#GS8@Gs1@EN) , [(2)](#GS8@Gs2@EN) , (2A) or [(3)](#GS8@Gs3@EN) , a police officer may first require that person to undergo a breath test at or near the place where the requirement was made. > > > (7)  Where under [subsection (6)](#GS8@Gs6@EN) a police officer requires a person to undergo a breath test, that person shall comply with that requirement in the presence of that officer or another police officer and in accordance with such directions as may be given by that officer or that other officer. > > > (8)  [*\[Section 8 Subsection (8) amended by No. 28 of 2005, s. 10, Applied:01 Feb 2006\]*](/view/html/inforce/2006-02-01/act-2005-028#GS10@Hpb@EN) Where a person who has become liable under this section to submit to a breath analysis undergoes a breath test in accordance with the directions of a police officer, that person ceases to be so liable, unless the result of the breath test indicates that alcohol may be present in that person's breath or blood.