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New Zealand law explained for everyone

Land Transport Act 1998

Driving offences involving drink or drugs, and penalties and procedures - Enforcement procedures for offences involving intoxication

70: Person may be required to undergo further evidential breath test if initial test fails to produce result

You could also call this:

“Police can ask you to take another breath test if the first one doesn't work”

If you have to take a special breath test because a police officer thinks you might have been drinking, sometimes the test doesn’t work properly. If this happens, the police officer can decide what to do next. They might ask you to take another breath test right away. Or, they might treat the situation as if you refused to take the test. If the police officer asks you to take another test, it’s the same as if they asked you to take the first test. This is what the law says about breath tests when the first one doesn’t work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM434829.

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69: Who must undergo evidential breath test, or

"People who need to take a breath test when asked by police"

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70A: Who has right to elect blood test after positive evidential breath test, or

"Who can ask for a blood test after failing a breath test for alcohol?"

Part 6 Driving offences involving drink or drugs, and penalties and procedures
Enforcement procedures for offences involving intoxication

70Person may be required to undergo further evidential breath test if initial test fails to produce result

  1. If for any reason an evidential breath test carried out under section 69 by an enforcement officer fails to produce a result, the enforcement officer may, at his or her discretion, either require the person to undergo without delay a further evidential breath test or proceed as if section 72(1)(c) applies.

  2. A requirement made under subsection (1) is deemed to be a requirement under section 69(4).