9Liability for medical examination where condition may not be due to alcohol

### 9 Liability for medical examination where condition may not be due to alcohol > > (1)  *\[Section 9 Subsection (1) amended by No. 91 of 1982, s. 6 \]*Where a police officer reasonably believes that a person drove a motor vehicle in a public street while he was in such a condition as to be incapable of driving that vehicle without risk of danger to other persons and is of the opinion (as the result of a breath test or a breath analysis or otherwise) that that condition did not arise, or did not wholly arise, from the presence of alcohol in his body, the police officer may require that person to undergo a medical examination, and, for the purpose of enabling him to make such a requirement, the police officer may direct that person, by signal or otherwise, to stop his vehicle. > > > (2)  *\[Section 9 Subsection (2) substituted by No. 91 of 1982, s. 6 \]*Where a requirement is made of a person under [subsection (1)](#GS9@Gs1@EN) , that person becomes liable to submit to a medical examination. > > > (3)  The medical examination referred to in this section is an examination by a medical practitioner directed to ascertaining whether the condition of the person submitting to the examination arises wholly or partially from the taking or administration of drugs, and, if such be the case, the nature of those drugs. > > > (3A)  [*\[Section 9 Subsection (3A) inserted by No. 38 of 2017, s. 19, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS19@Hpa@EN) A police officer may request that, as part of a medical examination referred to in this section, the medical practitioner by whom it is being carried out enable a qualified person to take a sample of blood for analysis under this Act from the person being examined. > > > (4)  [*\[Section 9 Subsection (4) amended by No. 38 of 2017, s. 19, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS19@Hpd@EN) [*\[Section 9 Subsection (4) amended by No. 38 of 2017, s. 19, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS19@Hpc@EN) [*\[Section 9 Subsection (4) amended by No. 38 of 2017, s. 19, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS19@Hpb@EN) Where in the course of such a medical examination as is referred to in this section the medical practitioner by whom the examination is being carried out informs the person submitting to the examination that it is necessary or desirable in order to effect the purpose of the examination for an analysis to be made of a sample of the blood of that person, or a request has been made under [subsection (3A)](#GS9@Gs3A@EN) in respect of the person, the obligation of that person to submit to that examination shall be deemed to include an obligation to submit to the taking of a sample of his blood.