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

123H. Reasonable suspicion of person being under influence of intoxicating substance (1) (a) Where, pursuant to section 123G(1), a preliminary drug test does not indicate that the person is under the influence of a drug but the police officer has reasonable ground to suspect that the person’s physical state is impaired, he 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. 84 Acts 2019 (2) (a) A police officer shall, on requiring any person 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 provide a specimen of blood or urine 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 an intoxicating substance. (c) Paragraph (b) shall not apply where the person has not been warned by a police officer in accordance with paragraph (a).