Part I Principal Road Safety Provisions

Motor vehicles: drink and drugs

F16 Power to administer preliminary tests

(1)

If any of subsections (2) to (5) applies a constable may require a person to co-operate with any one or more preliminary tests administered to the person by that constable or another constable.

(2)

This subsection applies if a constable reasonably suspects that the person—

(a)

is driving, is attempting to drive or is in charge of a motor vehicle on a road or other public place, and

(b)

has alcohol or a drug in his body or is under the influence of a drug.

(3)

This subsection applies if a constable reasonably suspects that the person—

(a)

has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place while having alcohol or a drug in his body or while unfit to drive because of a drug, and

(b)

still has alcohol or a drug in his body or is still under the influence of a drug.

(4)

This subsection applies if a constable reasonably suspects that the person—

(a)

is or has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place, and

(b)

has committed a traffic offence while the vehicle was in motion.

(5)

This subsection applies if—

(a)

an accident occurs owing to the presence of a motor vehicle on a road or other public place, and

(b)

a constable reasonably believes that the person was driving, attempting to drive or in charge of the vehicle at the time of the accident.

(6)

A person commits an offence if without reasonable excuse he fails to co-operate with a preliminary test in pursuance of a requirement imposed under this section.

(7)

A constable may administer a preliminary test by virtue of any of subsections (2) to (4) only if he is in uniform.

(8)

In this section—

(a)

a reference to a preliminary test is to any of the tests described in sections 6A to 6C, and

(b)

“traffic offence” means an offence under—

(i)

a provision of Part II of the Public Passenger Vehicles Act 1981 (c. 14),

(ii)

a provision of the Road Traffic Regulation Act 1984 (c. 27),

(iii)

a provision of the Road Traffic Offenders Act 1988 (c. 53) other than a provision of Part III, or

(iv)

a provision of this Act other than a provision of Part V.