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

123G. Reasonable suspicion of person being under influence of drug (1) (a) Subject to section 123K, where a police officer has reasonable ground to suspect that a person is under the influence of a drug pursuant to an offence under section 123D or 123E, he shall require that person to undergo a field impairment 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. (b) The police officer shall, while conducting the field impairment test, fill in the field impairment questionnaire set out in the Thirteenth Schedule. (2) Where a field impairment test is carried out pursuant to subsection (1) and the police officer has reasonable ground to suspect that the person’s physical state is impaired, he shall require the person to provide a specimen of saliva for a preliminary drug 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, or to provide a specimen of urine for a preliminary drug test at a hospital. (3) (a) Where a preliminary drug test indicates that a person is under the influence of a drug, a police officer shall require that person to provide, at a hospital, a specimen of blood for a laboratory test. (b) Notwithstanding paragraph (a), where a medical practitioner is of the opinion that, for medical reasons, a specimen of blood cannot or should not be taken, the police officer shall require that person to provide a specimen of urine for a laboratory test. Acts 2019 83 (4) (a) A police officer shall, on requiring any person to undergo a field impairment test, or to provide a specimen of saliva or urine for a preliminary drug test, or to provide 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 undergo a field impairment test, or to provide a specimen of saliva or urine for a preliminary drug test, or to provide 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 he was under the influence of a drug. (c) Paragraph (b) shall not apply where the person has not been warned by a police officer in accordance with paragraph (a).