Section 40: Driving while under influence of a dangerous drug

40. Driving while under influence of a dangerous drug (1) Any person who drives a motor-powered land vehicle, steers a motorpowered marine craft or flies a motor-powered aircraft while under the influence of a dangerous drug which he has used in an unlawful manner, shall [Issue 3] D2 – 22 Revised Laws of Mauritius commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees or to a term of imprisonment not exceeding 5 years. (2) Where an offence under subsection (1) results in death of or serious injury to any other person, the person convicted thereof shall be liable to double the maximum penalties specified in subsection (1). (3) Any person who refuses to submit to such detection tests and verification procedures as may be prescribed in respect of any offence under subsection (1), shall commit an offence and shall, on conviction, be liable to the same penalties as those specified in subsection (1) or (2).