Road Traffic Act 1961 - Singapore Statutes Online

Provision of specimen for analysis

70.—(1) In the course of an investigation whether a person arrested under section 69(5) has committed an offence under section 67 or 68, a police officer may, subject to the provisions of this section and section 71, require the person —

(a)	to provide a specimen of his or her breath for a breath test under this section; or
(b)	to provide to a registered medical practitioner, at any place that may be determined by the police officer, a specimen of his or her blood for a laboratory test,

even though he or she has been required to provide a specimen of his or her breath for a preliminary breath test.

[28/2014; 10/2017]

(2) A breath test under this section must be conducted by a police officer and may be conducted either at or near the place where the arrest is made, or at a police station.

[24/2010]

(3) A requirement under this section to provide a specimen of blood —

(a)

must not be made unless —

(i)	the police officer making the requirement has reasonable cause to believe that for medical reasons a specimen of breath cannot be provided or should not be required;
(ii)	when the requirement is made, there is no breath analysing device of a type approved for a breath test under this section at the police station or at or near the place where the arrest was made, or it is for any other reason not practicable to conduct a breath test under this section; or
(iii)	the police officer making the requirement has reasonable cause to suspect that the person required to provide the specimen is under the influence of a drug, a psychoactive substance or an intoxicating substance; and [Act 12 of 2023 wef 01/06/2024]

(b)

may be made even though the person required to provide the specimen has already provided or been required to provide a specimen of his or her breath.

[10/2017]

(4) A person who, without reasonable excuse, fails to provide a specimen when required to do so pursuant to this section shall be guilty of an offence and if it is shown that at the time of any accident mentioned in section 69(1)(d) or of his or her arrest under section 69(5) —

(a)	he or she was driving or attempting to drive a motor vehicle on a road or any other public place, he or she shall be liable on conviction to be punished as if the offence charged were an offence under section 67; or
(b)	he or she was in charge of a motor vehicle on a road or any other public place, he or she shall be liable on conviction to be punished as if the offence charged were an offence under section 68.

(5) A police officer must, on requiring any person under this section to provide a specimen for a laboratory test, warn the person that failure to provide a specimen of blood may make the person liable to imprisonment, a fine and disqualification, and, if the police officer fails to do so, the court before which that person is charged with an offence under subsection (4) may dismiss the charge.

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