New Zealand Legislation: Acts

68 Who must undergo breath screening test

• (1) An enforcement officer may require any of the following persons to undergo a breath screening test without delay:

  • (a) a driver of, or a person attempting to drive, a motor vehicle on a road:

  • (b) a person whom the officer has good cause to suspect has recently committed an offence against this Act that involves the driving of a motor vehicle:

  • (c) if an accident has occurred involving a motor vehicle,—

    • (i) the driver of the vehicle at the time of the accident; or

    • (ii) if the enforcement officer is unable to ascertain who the driver of the motor vehicle was at the time of the accident, a person whom the officer has good cause to suspect was in the motor vehicle at the time of the accident.

  (2) An enforcement officer may not require a person who is in a hospital or doctor's surgery as a result of an accident involving a motor vehicle to undergo a breath screening test.

  (3) A person who has undergone a breath screening test under this section must remain at the place where the person underwent the test until after the result of the test is ascertained, and an enforcement officer may arrest the person without warrant if the person refuses or fails to remain at that place.

  (4) If an enforcement officer is entitled to require a person to undergo a breath screening test, the officer may also require that person to undergo a test using a passive breath-testing device, which test is one where the officer holds a passive breath-testing device near the person's mouth for the purpose of ascertaining whether or not there is any alcohol in the person's breath.

  (5) The use or non-use of a passive breath-testing device does not of itself affect the validity of a breath screening test.

  Compare: 1962 No 135 s 58A