Section 123F: Reasonable suspicion of person being under influence of

123F. Reasonable suspicion of person being under influence of alcohol (1) Subject to section 123K, where a police officer in uniform has reasonable ground to suspect that a person is under the influence of alcohol pursuant to an offence under section 123D or 123E – (a) (i) he shall require that person to provide a specimen of breath for a breath test, either at or near the place where the requirement is made or at the nearest police station where the test may be carried out; and (ii) where the breath test carried out pursuant to subparagraph (i) indicates that the proportion of alcohol in the person’s breath, blood or urine is likely to exceed the prescribed limit, he shall require that person to – (A) provide 2 specimens of breath for analysis by means of a device of a type approved by the Minister; or (B) provide, at a hospital, a specimen of blood or 2 specimens of urine, or both, for a laboratory test; (b) he shall require that person to provide 2 specimens of breath for analysis by means of a device of a type approved by the Minister; or (c) he shall require that person to provide, at a hospital, a specimen of blood or 2 specimens of urine, or both, for a laboratory test. Acts 2019 81 (2) Where the provision of a specimen of blood or 2 specimens of urine is required pursuant to subsection (1)(a)(ii)(B) or (1)(c), the question as to whether it is to be a specimen of blood or 2 specimens of urine shall be decided by the police officer making the requirement, but where a medical practitioner is of the opinion that, for medical reasons, a specimen of blood cannot or should not be taken, 2 specimens of urine shall be taken. (3) Where a person is required to provide 2 specimens of urine for a laboratory test under this section in relation to an offence committed under section 123D or 123E, he shall provide the second specimen of urine not later than one hour after the provision of the first specimen of urine. (4) (a) Subject to paragraph (b), where 2 specimens of breath are provided for analysis by any person under this section, the specimen with the lower proportion of alcohol in the breath shall be used and the other shall be disregarded. (b) Where the specimen of breath with the lower proportion of alcohol contains no more than 11 micrograms of alcohol in 100 millilitres of breath, the person who provided it may claim that it should be replaced by a specimen of blood or 2 specimens of urine and, where he provides such a specimen, neither specimen of breath shall be used. (5) (a) A police officer shall, on requiring any person to provide a specimen of breath for a breath test, a specimen of breath for analysis or a specimen of blood or urine for a laboratory test under this section, warn him that a failure, without reasonable excuse, to provide the specimen may render him liable to prosecution and may be used against him as evidence. (b) In a prosecution under section 123D or 123E, a failure, without reasonable excuse, by a person to provide a specimen of breath for a breath test, a specimen of breath for analysis or a specimen of blood or urine for a laboratory test where required to do so under this section shall be held against him as prima facie evidence that at the material time the proportion of alcohol in his breath, blood or urine exceeded the prescribed limit. 82 Acts 2019 (c) Paragraph (b) shall not apply where the person has not been warned by a police officer in accordance with paragraph (a).