(22)Application of subsection (22AA)#

Subsection (22AA) applies if—

1. (a)the analysis by means of a breath analysing instrument of a specimen of breath of a person required by a police officer to be provided under a relevant provision indicates that the person is over the general alcohol limit or in the case of a person to whom section 79(2A), (2B), (2D), (2J), (2K) or (2L) refers, that the person is over the no alcohol limit; or
2. (ab)the analysis by means of a saliva analysing instrument of a specimen of saliva of a person required by a police officer to be provided under a relevant provision indicates that a relevant drug is present in the person’s saliva; or
3. (b)a person required to provide a specimen of breath, or a specimen of saliva for saliva analysis, as mentioned in paragraph (a) or (ab) fails to provide the specimen as prescribed under subsections (8) to (8L); or
4. (ba)a person has been arrested for an offence under section 79(1) but has not been required by a police officer to provide a specimen of breath for analysis or a specimen of blood for a laboratory test under subsection (8) or (8C)—
5. (i)because the person is violent; or
6. (ii)because of the external signs exhibited by the person, the police officer reasonably believes the person is so affected by alcohol or a drug as to be unable to provide the specimen; or
7. (iii)because of the remoteness of the area—
8. (A)a breath analysing instrument is not available to analyse a specimen of the person’s breath; or a doctor or nurse is not available to take a specimen of blood from the person for a laboratory test or to direct a qualified assistant to take the specimen; or

1. (c)a person who is required by a police officer under a relevant provision to provide a specimen of the person's blood for a laboratory test permits a specimen of the person's blood to be taken for the purpose and thereupon such police officer requires that person to provide a specimen of breath for a breath test, or saliva for a saliva test, by the officer (the officer being hereby authorised to require such a specimen of breath for a breath test, or saliva for a saliva test, to be provided), and—
2. (i)it appears to the police officer in consequence of the breath test carried out by the officer that the device by means of which the test is carried out indicates that the person is over the general alcohol limit or in the case of a person to whom section 79(2A), (2B), (2D), (2J), (2K) or (2L) refers, that the person is over the no alcohol limit; or
3. (ia)it appears to the police officer in consequence of the saliva test carried out by the officer that the device by means of which the test is carried out indicates a relevant drug is present in the person's saliva; or
4. (ii)the person fails to provide such specimen of breath or saliva; or
5. (d)a person who is required by a police officer under a relevant provision, or under subsection (9) in relation to a relevant provision, to provide a specimen of the person's blood for a laboratory test fails to provide such specimen; or
6. (e)a specimen of a person's blood is taken under a relevant provision, or under another provision of this section in relation to a relevant provision, for a laboratory test and a doctor or nurse certifies in writing to the police officer who made the requisition for the provision or taking of the specimen of blood that, in respect of the person concerned, the case is a proper one for the suspension of that person's driver licence for a period of 24 hours.