s 69 Preliminary breath tests
69. —(1) Where a police officer has reasonable cause to suspect that — ( a ) a person driving or attempting to drive or in charge of a motor vehicle on a road or other public place has alcohol in his or her body or has committed a traffic offence while the vehicle was in motion; ( b ) a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place with alcohol in his or her body and that he or she still has alcohol in his or her body; ( c ) a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place and has committed a traffic offence while the vehicle was in motion; or ( d ) a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place when an accident occurred — (i) between that motor vehicle and one or more other motor vehicles; or (ii) causing any injury or death to another person, the police officer may, subject to section 71, require that person to provide a specimen of his or her breath for a preliminary breath test. [10/2017] (2) A person may be required under subsection (1) to provide a specimen of his or her breath either at or near the place where the requirement is made or, if the requirement is made under subsection (1)( d ) and the police officer making the requirement thinks fit, at a police station specified by the police officer. (3) A preliminary breath test required under subsection (1) must be conducted by a police officer. [11/96; 10/2017] (3A) Despite subsection (1), an immigration officer may, if the immigration officer considers it necessary to do so for the prevention or detection of an offence under section 67 or 68, require any person within or in the vicinity of an authorised checkpoint to provide a specimen of his or her breath for a preliminary breath test. [Act 2 of 2025 wef 03/10/2025] (4) A person who, without reasonable excuse, fails to provide a specimen of his or her breath when required to do so pursuant to this section shall be guilty of an offence and shall be liable on conviction to a fine of not less than $1,000 and not more than $5,000 or to imprisonment for a term not exceeding 6 months and, in the case of a second or subsequent conviction, to a fine of not less than $3,000 and not more than $10,000 and to imprisonment for a term not exceeding 12 months. (5) A police officer or an immigration officer may arrest a person without warrant if — ( a ) as a result of a preliminary breath test the police officer or immigration officer has reasonable cause to suspect that the proportion of alcohol in that person’s breath or blood exceeds the prescribed limit; [Act 2 of 2025 wef 03/10/2025] ( b ) that person has failed to provide a specimen of his or her breath for a preliminary breath test when required to do so pursuant to this section and the police officer or immigration officer has reasonable cause to suspect that that person has alcohol in his or her body; or [Act 2 of 2025 wef 03/10/2025] ( c ) the police officer or immigration officer has reasonable cause to suspect that that person is under the influence of a drug, a psychoactive substance or an intoxicating substance. [Act 12 of 2023 wef 01/06/2024] [Act 2 of 2025 wef 03/10/2025] [10/2017] (6) A person must not be arrested by virtue of subsection (5) when he or she is at a hospital as a patient. (7) In this section — “authorised checkpoint” means any authorised landing place, authorised point of entry, authorised departing place or authorised point of departure declared under section 5 of the Immigration Act 1959; “immigration officer” means any person appointed under section 3 of the Immigration Act 1959. [Act 2 of 2025 wef 03/10/2025] —(1) Where a police officer has reasonable cause to suspect that — ( a ) a person driving or attempting to drive or in charge of a motor vehicle on a road or other public place has alcohol in his or her body or has committed a traffic offence while the vehicle was in motion; ( b ) a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place with alcohol in his or her body and that he or she still has alcohol in his or her body; ( c ) a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place and has committed a traffic offence while the vehicle was in motion; or ( d ) a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place when an accident occurred — (i) between that motor vehicle and one or more other motor vehicles; or (ii) causing any injury or death to another person, the police officer may, subject to section 71, require that person to provide a specimen of his or her breath for a preliminary breath test. [10/2017] (2) A person may be required under subsection (1) to provide a specimen of his or her breath either at or near the place where the requirement is made or, if the requirement is made under subsection (1)( d ) and the police officer making the requirement thinks fit, at a police station specified by the police officer. (3) A preliminary breath test required under subsection (1) must be conducted by a police officer. [11/96; 10/2017] (3A) Despite subsection (1), an immigration officer may, if the immigration officer considers it necessary to do so for the prevention or detection of an offence under section 67 or 68, require any person within or in the vicinity of an authorised checkpoint to provide a specimen of his or her breath for a preliminary breath test. [Act 2 of 2025 wef 03/10/2025] (4) A person who, without reasonable excuse, fails to provide a specimen of his or her breath when required to do so pursuant to this section shall be guilty of an offence and shall be liable on conviction to a fine of not less than $1,000 and not more than $5,000 or to imprisonment for a term not exceeding 6 months and, in the case of a second or subsequent conviction, to a fine of not less than $3,000 and not more than $10,000 and to imprisonment for a term not exceeding 12 months. (5) A police officer or an immigration officer may arrest a person without warrant if — ( a ) as a result of a preliminary breath test the police officer or immigration officer has reasonable cause to suspect that the proportion of alcohol in that person’s breath or blood exceeds the prescribed limit; [Act 2 of 2025 wef 03/10/2025] ( b ) that person has failed to provide a specimen of his or her breath for a preliminary breath test when required to do so pursuant to this section and the police officer or immigration officer has reasonable cause to suspect that that person has alcohol in his or her body; or [Act 2 of 2025 wef 03/10/2025] ( c ) the police officer or immigration officer has reasonable cause to suspect that that person is under the influence of a drug, a psychoactive substance or an intoxicating substance. [Act 12 of 2023 wef 01/06/2024] [Act 2 of 2025 wef 03/10/2025] [10/2017] (6) A person must not be arrested by virtue of subsection (5) when he or she is at a hospital as a patient. (7) In this section — “authorised checkpoint” means any authorised landing place, authorised point of entry, authorised departing place or authorised point of departure declared under section 5 of the Immigration Act 1959; “immigration officer” means any person appointed under section 3 of the Immigration Act 1959. [Act 2 of 2025 wef 03/10/2025]