Part I Principal Road Safety Provisions

Motor vehicles: drink and drugs

F16DArrest

(1)

A constable may arrest a person without warrant if as a result of a preliminary breath test the constable reasonably suspects that the proportion of alcohol in the person’s breath or blood exceeds the prescribed limit.

(2)

A constable may arrest a person without warrant if—

(a)

the person fails to co-operate with a preliminary test in pursuance of a requirement imposed under section 6, and

(b)

the constable reasonably suspects that the person has alcohol or a drug in his body or is under the influence of a drug.

(3)

A person may not be arrested under this section while at a hospital as a patient.