s. s. 28 28 (i) the sample has been analysed within S. 28(1)(f)(i) 12 months after it was taken by a amended by No. 23/2001 properly qualified analyst within the s. 19(b). meaning of section 32 and the analyst has found that at the time of analysis the prescribed concentration of alcohol or more than the prescribed concentration of alcohol was present in that sample; and (ii) the concentration of alcohol found by S. 28(1)(f)(ii) amended by the analyst to be present in that sample No. 65/2010 was not due solely to the consumption s. 379(1)(d). of alcohol after being involved in the operation of the vessel under way. (1A) A person may be convicted or found guilty of an S. 28(1A) inserted by offence under paragraph (c) or (d) of subsection No. 49/2004 (1) even if— s. 3. (a) in the case of an offence under paragraph (c), a prescribed device was not presented to the person at the time of the making of the requirement; and (b) in the case of an offence under paragraph (d)— (i) a breath analysing instrument was not available at the place where the requirement was made at the time it was made; and (ii) a person authorised to operate a breath analysing instrument was not present at the place where the requirement was made at the time it was made; and (iii) the person requiring a sample of blood had not nominated a registered medical practitioner or approved health professional to take the sample; and
S. 28(1)(f)(i) amended by No. 23/2001 s. 19(b). (i) the sample has been analysed within 12 months after it was taken by a properly qualified analyst within the meaning of section 32 and the analyst has found that at the time of analysis the prescribed concentration of alcohol or more than the prescribed concentration of alcohol was present in that sample; and S. 28(1)(f)(ii) amended by No. 65/2010 s. 379(1)(d). s. 28 (ii) the concentration of alcohol found by the analyst to be present in that sample was not due solely to the consumption of alcohol after being involved in the operation of the vessel under way. S. 28(1A) inserted by No. 49/2004 s. 3. (1A) A person may be convicted or found guilty of an offence under paragraph (c) or (d) of subsection (1) even if— (a) in the case of an offence under paragraph (c), a prescribed device was not presented to the person at the time of the making of the requirement; and (b) in the case of an offence under paragraph (d)— (i) a breath analysing instrument was not available at the place where the requirement was made at the time it was made; and (ii) a person authorised to operate a breath analysing instrument was not present at the place where the requirement was made at the time it was made; and (iii) the person requiring a sample of blood had not nominated a registered medical practitioner or approved health professional to take the sample; and s. 28