Powers of police for subsections (8)–(8L)#

If—

(a) it appears to a police officer in consequence of a breath test carried out by the officer on a specimen of breath of any person that the person is over the general alcohol limit; or
(aa) it appears to a police officer in consequence of a breath test carried out by the officer on a specimen of breath of any person that the person is over the no alcohol limit and the police officer reasonably suspects that the person is a person to whom section 79(2A), (2B), (2D), (2J), (2K) or (2L) refers; or
(ab) it appears to a police officer in consequence of a saliva test carried out by the officer on a specimen of saliva of any person that a relevant drug is present in the person’s saliva; or
(b) a person required by a police officer under subsection (2), (2AA), (2A) or (2AAA) to provide a specimen of breath for a breath test, or a specimen of saliva for a saliva test, by the person—
(i) fails to provide the specimen; or
(ii) fails to provide the specimen in the manner directed by the police officer who makes the requirement; or (iii) declines to wait for such time as is reasonable in the circumstances to enable the test to be carried out satisfactorily; or

(iii) declines to wait for such time as is reasonable in the circumstances to enable the test to be carried out satisfactorily; or (ba) a police officer reasonably suspects that a person who produces a certificate under subsection (5B)(a) is, because of the external signs exhibited by the person, affected by liquor or a drug; any police officer, using such force as is necessary, may— (c) take the person to a police station, hospital or other place authorised under this section; or (ca) take the person to a vehicle or vessel where facilities are available for the analysis by a breath analysing instrument of a specimen of breath or by a saliva analysing instrument of a specimen of saliva; or (d) if the person is already at a police station—detain the person there or take the person— (i) to such other police station as is convenient and reasonable in the circumstances; or (ii) to a vehicle or vessel, such as is convenient and reasonable in the circumstances, where facilities are available for the analysis by a breath analysing instrument of a specimen of breath or by a saliva analysing instrument of a specimen of saliva; or (e) if the person is already at a vehicle or vessel where facilities are available for the analysis by a breath analysing instrument of a specimen of breath or by a saliva analysing instrument of a specimen of saliva—detain the person there or take the person— (i) to another such vehicle or vessel as is convenient and reasonable in the circumstances; or (ii) to a police station such as is convenient and reasonable in the circumstances; for the purposes of subsections (8) to (8L).