South Australian Consolidated Acts South Australian Consolidated Acts47GB—Oral fluid analysis or blood test where consumption of
prescribed drug occurs after driving
(1) This section
applies to proceedings for an offence against section 47(1) or 47BA(1) in
which the results of an oral fluid analysis or blood test under
section 47EAA are relied on to establish the commission of the offence.
(2) If in proceedings
to which this section applies the defendant satisfies the court—
(a) that
the defendant consumed the prescribed drug during the relevant period; and
(b) that
the prescribed drug was not consumed by the defendant after a police officer
first exercised powers under section 47E preliminary to the performance
of the alcotest or breath analysis referred to in section 47EAA; and
(c)
where the requirement to submit to the alcotest or breath analysis referred to
in section 47EAA was made after the defendant's involvement as a driver
in an accident—that the defendant discharged the duties under this Act
required to be discharged at the scene of an accident by a driver of a vehicle
involved in the accident,
the court may, despite the other provisions of this Act, find the defendant
not guilty of the offence charged.
(3) In
subsection (2)—
"relevant period" means the period between—
(a) the
conduct of the defendant giving rise to the making of the requirement that the
defendant submit to the alcotest or breath analysis referred to in
section 47EAA; and
(b) the
performance of the oral fluid analysis or blood test (as the case may be)
under section 47EAA.