Section 123E: Driving or being in charge of motor vehicle when under influence of

123E. Driving or being in charge of motor vehicle when under influence of intoxicating drink or drugs (1) Any person who— (a) when driving, or attempting to drive, a motor vehicle on a road or other public place; (b) when in charge of a motor vehicle which is on a road, or other public place, but not driving the vehicle, is unfit to drive by reason of his being under the influence of an intoxicating drink or of a drug to such an extent as to be incapable of having proper control of the vehicle, shall commit an offence and 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. (2) In the case of a second or subsequent conviction, the offender referred to in subsection (1) shall 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 and not exceeding 8 years. [Issue 9] R27 – 102 Revised Laws of Mauritius (3) For the purposes of subsection (1), a person shall be deemed not to have been in charge of a motor vehicle if he shows that, at the material time, the circumstances were such that there was no likelihood of his driving the vehicle so long as he remained so unfit to drive. (4) Sections 152, 153 and Part X of the Criminal Procedure Act, the Probation of Offenders Act and the Community Service Order Act shall not apply to a person liable to be sentenced under subsection (1). [S. 123E inserted by s. 5 of Act 9 of 2003 w.e.f. 1 September 2003; amended by s. 10 of Act 23 of 2016 w.e.f. 8 December 2016.]