Breath specimen showing higher alcohol level to be disregarded
Part I Principal Road Safety Provisions
(1)F62... of any two specimens of breath provided by any person in pursuance of section 7 of this Act that with the lower proportion of alcohol in the breath shall be used and the other shall be disregarded.
F63(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F64(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Confirms that the lower of two breath specimens is ordinarily used and the other disregarded. That rule is displaced only where the section 8(2) replacement procedure is successfully completed (see paras [7]-[8], [19], [21]). Interprets the provision as conferring an election to replace the lower breath specimen with blood or urine. The alternative specimen is optional. If the driver unequivocally withdraws the election, the breath specimen may be used; a failure to answer alone does not establish withdrawal without the necessary factual finding (see paras [18], [20], [26], [31], [38]).
Interprets the requirement to use the lower breath reading as presupposing that the intoximeter results are reliable. It does not preclude a blood specimen where there is reasonable cause to doubt that reliability. (see para [15])
Section 8 formed part of the statutory safeguards governing the testing procedures. The court found that the relevant procedures had been complied with, so the blood evidence was not invalidated by the arrest (see paras [7], [13]).
1 more judgment, and what each says about section 8, are in the case-law panel in the full Act.