Section 123G: Breath tests

123G. Breath tests (1) Where a person is— (a) riding a cycle on a road or any other public place; (b) driving a motor vehicle on a road or any other public place; (c) subject to section 123E (3), in charge of a motor vehicle on a road or any other public place; (d) occupying the driving seat of a motor vehicle on a road or any other public place and attempting to put the motor vehicle in motion; R27 – 103 [Issue 9] Road Traffic Act (e) occupying the front seat in 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; or (f) on a road or any other public place, driving or attempting to drive a motor vehicle which is involved in a road accident, a police officer in uniform may, where he has reasonable suspicion to believe that the person is under the influence of alcohol, require, subject to section 123K, that person to provide a specimen of his breath for a breath test, either at or near the place where the requirement is made or at the nearest police station where the test may be carried out. (2) (a) (i) A person who, without reasonable excuse, fails to provide a specimen of his breath for a breath test following a requirement under subsection (1) (a), shall commit an offence and shall, on conviction, be liable to a fine of not less than 5,000 rupees nor more than 25,000 rupees. (ii) A person who, without reasonable excuse, fails to provide a specimen of his breath for a breath test following a requirement under subsection (1) (b) to (f), shall commit an offence and shall, on conviction, be liable to a fine of not less than 20,000 rupees nor more than 25,000 rupees. (b) In the case of a second or subsequent conviction, the offender referred to in paragraph (a) shall 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 police officer may arrest a person without warrant if— (a) the result of a breath test indicates that the proportion of alcohol in that person’s breath, blood or urine exceeds the prescribed limit; or (b) that person has failed to provide a specimen of breath for a breath test when required to do so in pursuance of this section and the police officer has reasonable cause to suspect that he has alcohol in his body, but a person shall not be arrested by virtue of this subsection when he is at a hospital as a patient. [S. 123G inserted by s. 5 of Act 9 of 2003 w.e.f. 1 September 2003; amended by s. 6 of Act 23 of 2016 w.e.f. 8 December 2016.]