Section 85Part 7 — Control of Road Users
Provision of specimens for analysis
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85. (1) A person who has been arrested for an offence under section 82, 83 or 84 shall, while at a police station, be requested to —
provide a specimen of breath for analysis by means of an alcohol-in-breath measuring device; or
a specimen of blood, or one or more specimens of urine, for a laboratory test.
If a constable has reasonable cause to suspect that a person’s ability to drive properly was, or might have been, impaired through drugs that constable may, with the consent of the officer in charge of the police station, request that person to provide a specimen of blood or urine under subsection (1)(b) notwithstanding that that person has, in respect of the same arrest, been requested to and has provided a specimen of breath under that subsection.
A request under this section to provide a specimen of blood or urine can only be made at a police station or a hospital, but in the case of a hospital it can be made there only if —
the constable considering whether to make the request has reasonable cause to believe that, for medical reasons, a specimen of breath cannot be provided or should not be requested at the police station;
at the time the constable is considering making the request, a device or a reliable alcohol-in-breath device either is not available at the police station or it is at that time for any other reason not practicable to use such a device there; or
the constable considering to make the request has been advised by a medical practitioner that the condition of the person requested to provide the specimen might be due to some drug.
A request under subsection (3) may be made notwithstanding that the person requested to provide the specimen has already provided or been requested to provide two specimens of breath.
If the provision of a specimen other than a specimen of breath is requested under this section, the question whether it is to be a specimen of blood or a specimen of urine shall be decided by the constable making the request.
The constable operating an alcohol-in-breath measuring device shall do so in the presence of another constable.
A certificate signed by the constable operating the alcohol-in-breath measuring device as to the result of the breath test and countersigned by the constable in whose presence it was made shall be received in evidence in a court and be evidence of the proportion of alcohol in the breath. Traffic Act (2026 Revision) Section 86 c Revised as at 31st December, 2025 Page 63
A constable, on requesting a person to provide a specimen under this section shall warn that person that a failure to provide the specimen shall render that person liable to prosecution.
A person who, without reasonable cause, fails to provide a specimen when requested to do so under this section commits an offence and is liable on summary conviction —
on a first offence, to a fine of one thousand dollars or to imprisonment for a term of six months, or to both;
on a second or subsequent offence, to a fine of two thousand dollars or to imprisonment for a term of twelve months, or to both; and
in addition, on a first or subsequent offence, to disqualification from driving for a period of twelve months or such longer period as the court may order, and the particulars of the offence shall be endorsed on the driving record of the convicted person.
The constable requiring a person to provide a specimen of blood or urine under subsection (1)(b) for a laboratory test shall, if requested by that person, supply to that person in a clean and suitable container, part of the specimen, or, in the case of a specimen of blood which it is not practicable to divide, another specimen which that person may consent to being taken.
The laboratory test referred to in subsection (1)(b) shall be carried out by or under the supervision of a government medical officer or such other person as may be authorised by the Chief Medical Officer, and a certificate signed by such officer shall be received in evidence in any court and shall be evidence of the proportion of alcohol in the blood.
A specimen of urine shall be provided within one hour of the request that it be provided is made and after a previous specimen of urine has been provided.