C1Part I Principal Road Safety Provisions

Annotations:
Modifications etc. (not altering text)

Motor vehicles: drink and drugs

11 Interpretation of sections 4 to 10.

1

The following provisions apply for the interpretation of sections F13Ato 10 of this Act.

2

In those sections—

  • breath test” means a preliminary test for the purpose of obtaining, by means of a device of a type approved by the Secretary of State, an indication whether the proportion of alcohol in a person’s breath or blood is likely to exceed the prescribed limit,

  • drug” includes any intoxicant other than alcohol,

  • fail” includes refuse,

  • hospital” means an institution which provides medical or surgical treatment for in-patients or out-patients,

  • the prescribed limit” means, as the case may require—

    1. a

      35 microgrammes of alcohol in 100 millilitres of breath,

    2. b

      80 milligrammes of alcohol in 100 millilitres of blood, or

    3. c

      107 milligrammes of alcohol in 100 millilitres of urine,

    or such other proportion as may be prescribed by regulations made by the Secretary of State.

3

A person does not provide a specimen of breath for a breath test or for analysis unless the specimen—

a

is sufficient to enable the test or the analysis to be carried out, and

b

is provided in such a way as to enable the objective of the test or analysis to be satisfactorily achieved.

4

A person provides a specimen of blood if and only if he consents to its being taken by a medical practitioner and it is so taken.