Section 123JA: Penalties for failure to provide specimen of breath,

123JA. Penalties for failure to provide specimen of breath, blood, urine or saliva, or to undergo field impairment test (1) (a) A person, other than a person who rides a cycle on a road or any other public place, who, without reasonable excuse, fails to – (i) provide a specimen of breath for a breath test following a requirement under section 123F; (ii) undergo a field impairment test following a requirement under section 123G; or 86 Acts 2019 (iii) provide a specimen of saliva or urine for a preliminary drug test following a requirement under section 123G, 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) A person who rides a cycle on a road or any other public place who, without reasonable excuse, fails to provide a specimen of – (i) breath for a breath test following a requirement under section 123F; (ii) undergo a field impairment test following a requirement under section 123G; or (iii) saliva or urine for a preliminary drug test following a requirement under section 123G, 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. (c) In the case of a second or subsequent conviction, the offender under paragraph (a) or (b) 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. (2) (a) A person, other than a person who rides a cycle on a road or any other public place, who, without reasonable excuse, fails to provide a specimen of – (i) breath for analysis or a specimen of blood or urine for a laboratory test following a requirement under section 123F; or (ii) blood or urine for a laboratory test following a requirement under section 123G or 123H, 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. Acts 2019 87 (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. (3) (a) A person who rides a cycle on a road or any other public place who, without reasonable excuse, fails to provide a specimen of – (i) breath for analysis or a specimen of blood or urine for a laboratory test following a requirement under section 123F; or (ii) blood or urine for a laboratory test following a requirement under section 123G or 123H, 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. (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.