South Australian Numbered Acts South Australian Numbered Acts34—Amendment of section 47EAA—Police may require drug screening
test, oral fluid analysis and blood test
(1) Section
47EAA—after subsection (2) insert:
(2a) If a person
submits to an oral fluid analysis in compliance with a requirement made under
subsection (2) but the person is unable to produce sufficient oral fluid
for a sample to be taken, a police officer may require that the person submit
to a blood test.
(2) Section
47EAA(12)—after "analysis" last occurring insert:
unless—
(a) a
requirement or direction under this section relating to a drug screening test
or oral fluid analysis has been made of, or been given to, the person; and
(b)
—
(i)
the person refused or failed to comply with that
requirement or direction on the ground of some physical or medical condition
of the person and made a request under subsection (11) for a sample of
his or her blood to be taken in accordance with that subsection; or
(ii)
the person was unable to produce sufficient oral fluid
for a sample to be taken.
(3) Section
47EAA(17)—delete subsection (17) and substitute:
(17) In determining
whether an offence is a first or subsequent offence for the purposes of this
section, any previous drink driving offence or drug driving offence for which
the defendant has been convicted will be taken into account, but only if the
previous offence was committed within the prescribed period immediately
preceding the date on which the offence under consideration was committed.