Section 96: Breath tests

96. Breath tests (1) Subject to section 99, a police officer in uniform may require— (a) a person operating, or attempting to operate, or in charge of a pleasure craft or an exempt pleasure craft in a navigational area if he has reasonable cause to suspect him of being under the T11 – 49 [Issue 4] Tourism Authority Act influence of alcohol, or having committed an offence under this Act or any regulations made under it, while the pleasure craft was in motion; or (b) any person who he has reasonable cause to believe was operating or attempting to operate a pleasure craft or an exempt pleasure craft which was involved in an accident, to provide a specimen of his breath for a breath test either at the place where the requirement is made, or at the nearest Coast Guard Station or police station where such test may be carried out. (2) A person who, without reasonable excuse, fails to provide a specimen of his breath for a breath test under subsection (1) shall commit an offence and shall, on conviction, be liable to a fine of not less than 3,000 rupees and not exceeding 25,000 rupees and to imprisonment for a term not exceeding one year. (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 under this section when he is at a hospital as a patient. [S. 96 amended by s. 29 of Act 3 of 2008 w.e.f. 1 June 2008; s. 29 (b) of Act 38 of 2011 w.e.f. 15 December 2011.]