Section 123E: Driving or cycling when under the influence of alcohol,

123E. Driving or cycling when under the influence of alcohol, drug or intoxicating substance (1) No person shall – (a) ride a cycle on a road or any other public place; (b) drive, or attempt to drive, a motor vehicle on a road or any other public place; (c) drive, or attempt to drive, a vehicle which is involved in a road accident; (d) be in charge of a motor vehicle on a road or any other public place; or (e) occupy the front seat of a motor vehicle as a competent driver supervising a learner driver who is driving the motor vehicle on a road or any other public place, where he is under the influence of alcohol and the proportion of the alcohol in his breath, blood or urine exceeds the prescribed Acts 2019 79 limit, or he is under the influence of a drug specified in Part I of the Twelfth Schedule, or he is under the influence of a drug specified in Part II of the Twelfth Schedule and the proportion of the drug in his blood exceeds the specified limit, or he is under the influence of an intoxicating substance. (2) (a) A person who commits an offence under subsection (1)(a) shall, on conviction, be liable to a fine of not less than 5,000 rupees nor more than 25,000 rupees. (b) The offender under paragraph (a) shall, in the case of a second or subsequent conviction, be liable to a fine of not less than 25,000 rupees nor more than 50,000 rupees and to imprisonment for a term not exceeding 12 months. (3) (a) A person who commits an offence under subsection (1)(b), (c), (d) or (e) shall, on conviction, be liable to a fine of not less than 20,000 rupees nor more than 50,000 rupees and to imprisonment for a term not exceeding 5 years. (b) The offender under paragraph (a) shall, in the case of a second or subsequent conviction, be liable to a fine of not less than 50,000 rupees nor more than 75,000 rupees together with imprisonment for a term of not less than 12 months nor more than 8 years. (4) For the purpose of subsection (1)(d), the person shall not be deemed to have been in charge of the motor vehicle where he shows that, at the material time, the circumstances were such that there was no likelihood of him driving the motor vehicle so long as he remained so unfit to drive. (5) Sections 152 and 153 and Part X of the Criminal Procedure Act, the Community Service Order Act and the Probation of Offenders Act shall not apply to a person liable to be sentenced under this section. 80 Acts 2019