(9A) The person who required a sample of breath under S. 31(9A) subsection (1), (2), (2AA) or (2A) from a person inserted by No. 17/1994 may require that person to allow a registered s. 17(7), medical practitioner or an approved health amended by Nos 100/1995 professional nominated by the person requiring s. 33(2), the sample to take from him or her a sample of 14/2000 ss 27(3), 28, that person's blood for analysis if it appears to him 94/2003 s. 36, or her that— 65/2010 s. 385(1), 66/2012 (a) that person is unable to furnish the required s. 11(5), sample of breath on medical grounds or 37/2014 s. 10(Sch. because of some physical disability; or item 106.4(d)). (b) the breath analysing instrument is incapable S. 31(9A)(b) amended by of measuring in grams per 210 litres of No. 94/2003 ss 34(11), exhaled air the concentration of alcohol 35(6). present in any sample of breath furnished by that person for any reason whatsoever— and for that purpose may further require that person to accompany a police officer to a place where the sample is to be taken and to remain there until whichever of the following occurs first— (c) the sample has been taken; S. 31(9A)(c) inserted by No. 66/2012 s. 11(5)(b). S. 31(9A)(d) (d) the passing of 3 hours after the person was— inserted by No. 66/2012 (i) operating a vessel; or s. 11(5)(b). (ii) the master or pilot of a vessel underway or at anchor; or (iii) an occupant of a vessel.
S. 31(9A) inserted by No. 17/1994 s. 17(7), amended by Nos 100/1995 s. 33(2), 14/2000 ss 27(3), 28, 94/2003 s. 36, 65/2010 s. 385(1), 66/2012 s. 11(5), 37/2014 s. 10(Sch. item 106.4(d)). (9A) The person who required a sample of breath under subsection (1), (2), (2AA) or (2A) from a person may require that person to allow a registered medical practitioner or an approved health professional nominated by the person requiring the sample to take from him or her a sample of that person's blood for analysis if it appears to him or her that— (a) that person is unable to furnish the required sample of breath on medical grounds or because of some physical disability; or S. 31(9A)(b) amended by No. 94/2003 ss 34(11), 35(6). (b) the breath analysing instrument is incapable of measuring in grams per 210 litres of exhaled air the concentration of alcohol present in any sample of breath furnished by that person for any reason whatsoever— and for that purpose may further require that person to accompany a police officer to a place where the sample is to be taken and to remain there until whichever of the following occurs first— S. 31(9A)(c) inserted by No. 66/2012 s. 11(5)(b). (c) the sample has been taken; S. 31(9A)(d) inserted by No. 66/2012 s. 11(5)(b). (d) the passing of 3 hours after the person was— (i) operating a vessel; or (ii) the master or pilot of a vessel underway or at anchor; or (iii) an occupant of a vessel.
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