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] [Section 8 Subsection (1) amended by No. 38 of 2017, s. 17, Applied:03 Dec 2018] [Section 8 Subsection (1) amended by No. 28 of 2005, s. 10, Applied:01 Feb 2006] 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] [Section 8 Subsection (2) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] Where a police officer reasonably believes that, while a motor vehicle was in motion, an offence under section 167A of the Criminal Code , or an offence under this Act, the Traffic Act 1925 or the Vehicle and Traffic Act 1999 , 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] [Section 8 Subsection (2A) amended by No. 38 of 2017, s. 17, Applied:03 Dec 2018] [Section 8 Subsection (2A) inserted by No. 68 of 2007, s. 5, Applied:19 Dec 2007] 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.