(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.
Cases considering section 6A 4
[2009] EWHC 3467 (Admin) · 27 November 2009
Applies the statutory preliminary breath-test regime in assessing the asserted arrest power. The absence of a roadside test was relevant to the alleged unlawfulness of the arrest, but did not itself require exclusion of the later evidence. (see paras [5]; [8]; [11])
[2007] EWHC 2013 (Admin) · 22 August 2007Interprets
Confirms that a preliminary breath test provides an indication only. It does not constitute the evidential specimen used to determine whether the section 5 offence has been committed. (see paras [34])
[2007] EWHC 100 (Admin) · 30 January 2007Interprets
Uses the statutory description of the roadside procedure as a preliminary breath test to confirm that it provides only an indication whether the prescribed limit is likely to be exceeded (see para [27]).
What each judgment says about section 6A is in the case-law panel in the full Act.