Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In any proceeding
such as is mentioned in section 70(1) a person’s blood alcohol
content at any time which is or may be material in the proceeding (the
material time ) shall be calculated having regard to —
(a) the
time of the person’s last drink containing alcohol taken at or before
the material time; and
(b) the
material time; and
(c) the
time at which the sample of the person’s breath or blood was provided or
taken for analysis (the time of sampling ); and
(d) the
person’s blood alcohol content at the time of sampling,
so as to give effect
to the presumption that after a person’s latest drink containing alcohol
the person’s blood alcohol content increases at the rate of 0.016g of
alcohol per 100ml of blood per hour for a period of 2 hours and, after
that period, decreases at the rate of 0.016g of alcohol per 100ml of blood per
hour.
(2) For the purpose of
making a calculation under subsection (1) in any case where any one or
more of the times referred to in that subsection can only be ascertained as
falling within a period of time, the calculation shall be made taking such
time within that period as produces the result most favourable to the person
charged.
(3) For the purpose of
making a calculation under subsection (1) but subject to
subsection (2), in any case where the time of a person’s last drink
containing alcohol is not ascertained, the time of the person’s last
drink containing alcohol shall be taken to have been such time as produces the
result most favourable to the person charged.
(4) In any proceeding
such as is mentioned in section 70(1), the concentration of alcohol
calculated to have been present in the blood of a person at any time under the
preceding provisions of this section shall be conclusively presumed to have
been present in the blood of that person at that time.
[Section 71 amended by No. 39 of 2007
s. 14.]