23. Bar to certain defence to charges under section 4(1), 5(1) or 6(1).
It is not a defence for a person charged with an offence under section 4(1), 5(1) or 6(1) to show that, in relation to the facts alleged to constitute the offence, an analysis or determination under this Part has not been carried out or that he or she has not been required under section 9 or 10 to provide a specimen of his or her breath or oral fluid.