Section 123J: Arrest for failure to provide specimen of breath, blood,
This section is inserted by Act No 6 of 2019, section 10.
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
123J. Arrest for failure to provide specimen of breath, blood,
urine or saliva, or failure to undergo field impairment test
(1) Subject to subsection (2), a police officer may arrest a
person without warrant where that person refuses to –
(a) 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 following a
requirement under section 123F and the police
officer has reasonable ground to suspect that the
person is under the influence of alcohol;
(b) undergo a field impairment test following a
requirement under section 123G and the police
officer has reasonable ground to suspect that the
person is under the influence of a drug;
Acts 2019 85
(c) provide a specimen of saliva or urine for a
preliminary drug test following a requirement
under section 123G and the police officer has
reasonable ground to suspect that the person is
under the influence of a drug;
(d) provide a specimen of blood or urine for
a laboratory test following a requirement
under section 123G and the police officer has
reasonable ground to suspect that the person is
under the influence of a drug;
(e) provide a specimen of blood or urine for
a laboratory test following a requirement
under section 123H and the police officer has
reasonable ground to suspect that the person is
under the influence of an intoxicating substance.
(2) Notwithstanding subsection (1), a person shall not be
arrested where he is at a hospital as a patient.
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Questions this section answers
- Can I be arrested without a warrant for refusing to give a breath, blood or urine sample?
- Can I be arrested for refusing a drink or drug test while I am a patient in hospital?