Section 123F: Driving or being in charge of motor vehicle with alcohol concentration

123F. Driving or being in charge of motor vehicle with alcohol concentration above prescribed limit (1) Where a person— (a) drives or attempts to drive a motor vehicle on a road or other public place; or (b) is in charge of a motor vehicle on a road or other public place, after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit, he shall commit an offence. (2) It is a defence for a person charged with an offence under subsection (1) (b) above to prove that, at the time he is alleged to have committed the offence, the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit. (3) A person convicted of an offence under this section shall 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. (4) 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. (5) 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. 123F 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.]