(9A) The person who required a sample of breath under S. 31(9A) subsection (1), (2) or (2A) from a person may inserted by No. 17/1994 require that person to allow a registered medical s. 17(7), practitioner or an approved health professional amended by Nos 100/1995 nominated by the person requiring the sample to s. 33(2), take from him or her a sample of that person's 14/2000 ss 27(3), 28, blood for analysis if it appears to him or her 94/2003 s. 36. that— (a) that person is unable to furnish the required sample of breath on medical grounds or because of some physical disability; or (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 member of the police force to a place where the sample is to be taken and to remain there until the sample has been taken or until 3 hours after being in charge of or being an occupant of a vessel under way, whichever is sooner. (9B) The registered medical practitioner or approved S. 31(9B) inserted by health professional who takes a sample of blood No. 17/1994 under subsection (9A) must deliver a part of the s. 17(7), amended by sample to the person who required it to be taken Nos 100/1995 and another part to the person from whom it was s. 33(2), 14/2000 taken. s. 27(4). S. 31(9C) (9C) A person who allows the taking of a sample of his inserted by or her blood in accordance with subsection (9A) No. 17/1994 must not be convicted or found guilty of refusing s. 17(7). to furnish under this section a sample of breath for analysis.
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. (9A) The person who required a sample of breath under subsection (1), (2) 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 member of the police force to a place where the sample is to be taken and to remain there until the sample has been taken or until 3 hours after being in charge of or being an occupant of a vessel under way, whichever is sooner. S. 31(9B) inserted by No. 17/1994 s. 17(7), amended by Nos 100/1995 s. 33(2), 14/2000 s. 27(4). (9B) The registered medical practitioner or approved health professional who takes a sample of blood under subsection (9A) must deliver a part of the sample to the person who required it to be taken and another part to the person from whom it was taken. S. 31(9C) inserted by No. 17/1994 s. 17(7). (9C) A person who allows the taking of a sample of his or her blood in accordance with subsection (9A) must not be convicted or found guilty of refusing to furnish under this section a sample of breath for analysis.
88-52a080.docx