6Power to administer preliminary tests

1

If any of subsections (2) to (5) applies a constable may require a person to co-operate with any one or more preliminary tests administered to the person by that constable or another constable.

2

This subsection applies if a constable reasonably suspects that the person—

a

is driving, is attempting to drive or is in charge of a motor vehicle on a road or other public place, and

b

has alcohol or a drug in his body or is under the influence of a drug.

3

This subsection applies if a constable reasonably suspects that the person—

a

has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place while having alcohol or a drug in his body or while unfit to drive because of a drug, and

b

still has alcohol or a drug in his body or is still under the influence of a drug.

4

This subsection applies if a constable reasonably suspects that the person—

a

is or has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place, and

b

has committed a traffic offence while the vehicle was in motion.

5

This subsection applies if—

a

an accident occurs owing to the presence of a motor vehicle on a road or other public place, and

b

a constable reasonably believes that the person was driving, attempting to drive or in charge of the vehicle at the time of the accident.

6

A person commits an offence if without reasonable excuse he fails to co-operate with a preliminary test in pursuance of a requirement imposed under this section.

7

A constable may administer a preliminary test by virtue of any of subsections (2) to (4) only if he is in uniform.

8

In this section—

a

a reference to a preliminary test is to any of the tests described in sections 6A to 6C, and

b

“traffic offence” means an offence under—

i

a provision of Part II of the Public Passenger Vehicles Act 1981 (c. 14),

ii

a provision of the Road Traffic Regulation Act 1984 (c. 27),

iii

a provision of the Road Traffic Offenders Act 1988 (c. 53) other than a provision of Part III, or

iv

a provision of this Act other than a provision of Part V.

6APreliminary breath test

1

A preliminary breath test is a procedure whereby the person to whom the test is administered provides a specimen of breath to be used for the purpose of obtaining, by means of a device of a type approved by the Secretary of State, an indication whether the proportion of alcohol in the person’s breath or blood is likely to exceed the prescribed limit.

2

A preliminary breath test administered in reliance on section 6(2) to (4) may be administered only at or near the place where the requirement to co-operate with the test is imposed.

3

A preliminary breath test administered in reliance on section 6(5) may be administered—

a

at or near the place where the requirement to co-operate with the test is imposed, or

b

if the constable who imposes the requirement thinks it expedient, at a police station specified by him.

6BPreliminary impairment test

1

A preliminary impairment test is a procedure whereby the constable administering the test—

a

observes the person to whom the test is administered in his performance of tasks specified by the constable, and

b

makes such other observations of the person’s physical state as the constable thinks expedient.

2

The Secretary of State shall issue (and may from time to time revise) a code of practice about—

a

the kind of task that may be specified for the purpose of a preliminary impairment test,

b

the kind of observation of physical state that may be made in the course of a preliminary impairment test,

c

the manner in which a preliminary impairment test should be administered, and

d

the inferences that may be drawn from observations made in the course of a preliminary impairment test.

3

In issuing or revising the code of practice the Secretary of State shall aim to ensure that a preliminary impairment test is designed to indicate—

a

whether a person is unfit to drive, and

b

if he is, whether or not his unfitness is likely to be due to drink or drugs.

4

A preliminary impairment test may be administered—

a

at or near the place where the requirement to co-operate with the test is imposed, or

b

if the constable who imposes the requirement thinks it expedient, at a police station specified by him.

5

A constable administering a preliminary impairment test shall have regard to the code of practice under this section.

6

A constable may administer a preliminary impairment test only if he is approved for that purpose by the chief officer of the police force to which he belongs.

7

A code of practice under this section may include provision about—

a

the giving of approval under subsection (6), and

b

in particular, the kind of training that a constable should have undergone, or the kind of qualification that a constable should possess, before being approved under that subsection.

6CPreliminary drug test

1

A preliminary drug test is a procedure by which a specimen of sweat or saliva is—

a

obtained, and

b

used for the purpose of obtaining, by means of a device of a type approved by the Secretary of State, an indication whether the person to whom the test is administered has a drug in his body.

2

A preliminary drug test may be administered—

a

at or near the place where the requirement to co-operate with the test is imposed, or

b

if the constable who imposes the requirement thinks it expedient, at a police station specified by him.

6DArrest

1

A constable may arrest a person without warrant if as a result of a preliminary breath test the constable reasonably suspects that the proportion of alcohol in the person’s breath or blood exceeds the prescribed limit.

2

A constable may arrest a person without warrant if—

a

the person fails to co-operate with a preliminary test in pursuance of a requirement imposed under section 6, and

b

the constable reasonably suspects that the person has alcohol or a drug in his body or is under the influence of a drug.

3

A person may not be arrested under this section while at a hospital as a patient.

6EPower of entry

1

A constable may enter any place (using reasonable force if necessary) for the purpose of—

a

imposing a requirement by virtue of section 6(5) following an accident in a case where the constable reasonably suspects that the accident involved injury of any person, or

b

arresting a person under section 6D following an accident in a case where the constable reasonably suspects that the accident involved injury of any person.

2

This section—

a

does not extend to Scotland, and

b

is without prejudice to any rule of law or enactment about the right of a constable in Scotland to enter any place.