(8L)Application of subsection (8M)#

Subsection (8M) applies if—

(a) a person has been required to provide, under subsection (8) or (8C), a specimen of the person's breath for analysis by a breath analysing instrument, a specimen of the person's saliva for saliva analysis or a specimen of the person's blood for a laboratory test; and
(b) the person—
(i) is taken under subsection (1A) not to have provided the specimen that was required; or
(ii) provides a specimen of breath for analysis by a breath analysing instrument or a specimen of saliva for saliva analysis; but—
(A) the relevant breath analysing instrument or saliva analysing instrument is or becomes defective precluding its satisfactory operation to analyse the breath specimen or saliva specimen; or
(B) for any reason it is not possible to use or continue using the breath analysing instrument for analysing the breath specimen or the saliva analysing instrument for analysing the saliva specimen; or
(C) for an analysis by a breath analysing instrument, the instrument indicates to the authorised police officer operating the instrument that alcohol or some other substance is present in the mouth of the person supplying the breath specimen; or

(D) for any other reason it is not possible to complete the analysis.