Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if—
(a) a person undergoes an alcohol screening test under a requirement made by a police officer under section 8, section 9, section 9A or section 10 and the alcohol screening device used for the test indicates that the concentration of alcohol in the person's blood or breath is the prescribed concentration; or
(b) a person required by a police officer to undergo an alcohol screening test under section 8, section 9, section 9A or section 10 fails to undergo the test in accordance with the directions of the police officer.
Note Fail includes refuse, see the Legislation Act
, dict, pt 1.
(2) The police officer may take the person into custody.
(3) For subsection (1) (a), if the police officer has reasonable cause to suspect that the person is a special driver, the prescribed concentration for the person is the prescribed concentration for a special driver.
(4) If a person is taken into custody under this section, a police officer must take the person, as soon as practicable, to a police station or other convenient place (for example, a police vehicle) for the person to undergo breath analysis.
Example—s (4)
A person who is injured and is taken by a police officer to hospital for first aid and then to a police station for breath analysis has been taken to a police station as soon as practicable.