Section 98: Choice of specimens of breath
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.
98. Choice of specimens of breath
(1) Subject to subsection (2), where 2 specimens of breath are provided by
any person in pursuance of section 97, the specimen with the lower proportion of alcohol in the breath shall be used and the other shall be disregarded.
(2) If the specimen with the lower proportion of alcohol contains no more
than 40 micrograms of alcohol in 100 millilitres of breath, the person who
provided it may claim that it should be replaced by such specimen as may be
required under section 95, and, if he then provides such a specimen, neither
specimen of breath shall be used.