New Zealand Legislation: Acts

70 Person may be required to undergo further evidential breath test if initial test fails to produce result

• (1) If for any reason an evidential breath test carried out under section 69 by an enforcement officer fails to produce a result, the enforcement officer may, at his or her discretion, either require the person to undergo without delay a further evidential breath test or proceed as if section 72(1)(c) applies.

  (2) A requirement made under subsection (1) is deemed to be a requirement under section 69(4).