Road Traffic Act 1991

87 (1) Section 15 of that Act (use of specimens in proceedings for offences under sections 4 and 5 of the Road Traffic Act 1988) shall be amended as follows.

(2) In subsection (1) for the words “section 4 or 5 of the Road Traffic Act 1988 (motor vehicles: drink and drugs)” there shall be substituted the words “section 3A, 4 or 5 of the Road Traffic Act 1988 (driving offences connected with drink or drugs)”, and for the words “sections 4 to 10” there shall be substituted the words “sections 3A to 10”.

(3) In subsection (2) after the word “cases” there shall be inserted the words “(including cases where the specimen was not provided in connection with the alleged offence)”.

(4) For subsection (3) there shall be substituted—

“(3) That assumption shall not be made if the accused proves—

(a) that he consumed alcohol before he provided the specimen and—

(i) in relation to an offence under section 3A, after the time of the alleged offence, and

(ii) otherwise, after he had ceased to drive, attempt to drive or be in charge of a vehicle on a road or other public place, and

(b) that had he not done so the proportion of alcohol in his breath, blood or urine would not have exceeded the prescribed limit and, if it is alleged that he was unfit to drive through drink, would not have been such as to impair his ability to drive properly.”