New Zealand Legislation: Acts

69 Who must undergo evidential breath test

• (1) An enforcement officer may require a person to accompany an enforcement officer to a place where it is likely that the person can undergo an evidential breath test or a blood test (or both) when required to do so by the officer, if—

  • (a) the person has undergone a breath screening test under section 68 and it appears to the officer that the test indicates that the proportion of alcohol in the person's breath exceeds 400 micrograms of alcohol per litre of breath; or

  • (b) it appears to the officer that the person is younger than 20 and that a breath screening test undergone by the person under section 68 indicates that there is some alcohol in the person's breath; or

  • (c) the person fails or refuses to undergo a breath screening test without delay after having been required to do so by the officer under section 68; or

  • (d) the person could be required to undergo a breath screening test without delay under section 68 but cannot be tested because either a breath screening device is not readily available or for any reason a breath screening test cannot then be carried out, and there is good cause to suspect that the person has consumed drink.

  (2) If it is not practicable for a person to undergo an evidential breath test at a place to which the person has accompanied an enforcement officer under subsection (1), an enforcement officer may require the person to accompany the officer to any other place where it is likely that the person can undergo an evidential breath test or a blood test (or both).

  (3) For the avoidance of doubt, it is declared that an enforcement officer may require a person to accompany the officer to a place under subsection (1) if—

  • (a) it is likely that the person can undergo an evidential breath test at that place, whether or not it is likely that the person can undergo a blood test at that place; or

  • (b) it is likely that the person can undergo a blood test at that place, whether or not it is likely that the person can undergo an evidential breath test at that place.

  (4) If a person—

  • (a) has accompanied an enforcement officer to a place under this section; or

  • (b) has been arrested under subsection (6) and taken to or detained at a place,—

  an enforcement officer may require the person to undergo without delay at that place an evidential breath test (whether or not the person has already undergone a breath screening test).

  (5) A person must—

  • (a) accompany the officer to a place when required to do so under this section:

  • (b) if the person has accompanied an enforcement officer to a place under this section, remain at that place until the person is required either to undergo an evidential breath test or a blood test under this Act, or to accompany an enforcement officer to another place under this section:

  • (c) if the person has undergone an evidential breath test under this section, remain at the place where the person underwent the test until after the result of the test is ascertained.

  (6) An enforcement officer may arrest without warrant a person who contravenes subsection (5).

  (7) 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 an evidential breath test.

  Compare: 1962 No 135 s 58B