MAGAZINES | Sunwheels

Don’t Drink And Drive

This week we will discuss the issue of breathalyser tests. Many drivers often find themselves getting pulled over to the side of the road by a Land Transport Authority[LTA] Enforcement
06 Dec 2014 00:00
Don’t Drink And Drive
Breathe Test and Analysis Regulation

This week we will discuss the issue of breathalyser tests. Many drivers often find themselves getting pulled over to the side of the road by a Land Transport Authority[LTA] Enforcement Officer or the Police just to ensure there is no consumption of alcohol whilst driving.

LTA is putting a strong emphasis on the use of liquor and for safety sake, there is a zero tolerance policy already enforced on the above.

For LTA and Police to be certain there’s no liquor content consumed by drivers, Breathalyser Test will be the most common exercise as we approach the festive season.

We shall discuss what the Regulation entails.

In these Regulations, unless the context otherwise requires—breath testing device’ means a device of a type specified in regulation 4(1); breath analysing instrument’ means an instrument of a type specified in regulation 4(2): breath test’ means a test carried out by a breath testing device for the purpose of indicating the concentration of alcohol present in a person’s breath; breath analysis’ means a test carried out by a breath analysing instrument for the purpose of ascertaining by analysis of a person’s breath the concentration of alcohol present in that person’s blood; Chief Inspector’ means the person appointed as such under the provisions of the National and Trade Measurement Decree 1989.

(2) In these Regulations, references to sections are references to sections of the Land Transport Act 1998.

Prescribed concentration of alcohol 3.—( 1) For the purpose of section 103( I )(a), the prescribed concentration of alcohol is 80 milligrams of alcohol in 100 millilitres of blood.

(2) Evidence that there is alcohol in the blood in excess of the prescribed concentration at a relevant time may be given by reference to a sample of the person’s blood taken with his or her consent, or by reference to the reading on a breath analysing instrument in accordance with sub regulation (3).

(3) A reading on a breath analysing instrument in micrograms of alcohol per 100 millilitres of blood is to be multiplied by 2.2 in order to arrive at the number of milligrams of alcohol in 100 millilitres of blood.

Approved device and instrument 4.—(1) The Lion Alcometer Model DS-190 with dual screen and memory for 500 tests is approved as a breath testing device for the purpose of a breath test.

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(2 The Drager Alcotest 7110 with 3 automatic printouts is approved as a kind of breath analysing instrument for the purpose of breath analysis.

(3) Every device and instrument used for breath tests and analyses must be tested, calibrated and certified by the Chief Inspector in accordance with the requirements of the National and Trade Measurement Decree 1989 before being used for the first time.

Procedures for breath tests and breath analyses 5.—(1) A police officer may enter any premises without a warrant for the purpose of administering a breath test or breath analysis required by section 104(1).

(2) If—(a)

it appears to a police officer in consequence of a breath test carried out by the officer on a person under section 104(1) that there is present in that person’s breath a concentration of alcohol of more than 35 microgrammes per 100 millilitres of blood;

(b) a person required by a police officer under section 104(1) to undergo a breath test refuses to undergo the test in accordance with the directions of that officer; or

(c) a breath testing device is not immediately available and the police officer has reasonable cause to believe the person may have a concentration of alcohol of more than the prescribed limit, the officer may arrest the person without warrant and take the person or cause the person to be taken, with reasonable force as may be necessary, to a police station or any other place as the officer considers desirable and there detain the person or cause the person to be detained for the purposes of breath analysis.

(3) A police officer may require a person who has been arrested under sub-regulation (2) to submit, in accordance with the directions of the officer, to a breath analysis.

(4) A police officer must not require a person to undergo a breath test or to submit to a breath analysis if—(a) the person has been admitted to hospital for medical treatment. unless the medical practitioner in charge of the person’s treatment consents in writing to the request and the medical practitioner is of the opinion the request would not be prejudicial to the proper care or treatment of the person; or (b) it appears to the police officer that it would, by reason of injuries sustained by the person, be dangerous to the person’s medical condition to undergo a breath test or submit to a breath analysis. (5) As soon as practicable after a person has undergone a breath analysis the operator of the breath analysing instrument must deliver to the person—(a) a statement automatically produced by the breath analysing instrument. specifying-

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(i) the concentration of alcohol determined by the analysis to be t in the person’s breath and expressed in microgramscohol in 100 millilitres of breath; and

(ii) the day and time of the day at which the breath analysis was completed. (b) a statement in writing signed by the operator stating the concentration of alcohol in the person’s blood as indicated by the analysis after applying the multiplier specified in regulation 3(3).

Zero alcohol limit 6. These regulations apply for the purpose of obtaining evidence of an offence under section 105(1) as duly apply in relation to an offence under section 103, except that in regulation 5(2) the figure of 35 microgrammes is replaced by 0 microgrammes.

Zero alcohol limit and defences 7. A person who between the time of the event referred to in section 103(1)(a) or 105(1) in respect of which the person has been required by a police officer to undergo a breath test and the time when the person undergoes the test or, if the person is required by an officer to submit to a breath analysis, the time when the person submits to the breath analysis, wilfully does anything to alter the concentration of alcohol in his or her breath commits an offence and is liable on conviction to a fine of $200 and to imprisonment for 1 year and to disqualification for 6 months.

Defences available 8.—(1) Subject to sub-regulation (2), it is a defence for a person charged with an offence under section 103(1)(b) or 105(2) to prove that at the time the person is alleged to have committed the offence the person was unable, on medical grounds, to undergo a breath test or to submit to a breath analysis.

(2) The defence referred to in sub-regulation (1) is not available to a person unless—(a) upon refusing or being unable to undergo a breath test or breath analysis in accordance with the directions of a police officer the person consented to a sample of his or her blood being taken for analysis in accordance with regulation 6(1) and co-operated in allowing the blood sample to be taken without any delay on his or her part;

– To be continued next week

 



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