Section 97: Provision of specimens for analysis
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
97. Provision of specimens for analysis
(1) Subject to section 99, a police officer may, in the course of an investigation into whether a person has committed an offence under section 94
or 95, require the person—
(a) to provide 2 specimens of breath for analysis by means of a
device of a type approved by the Minister; or
(b) to provide at hospital a specimen of blood or urine, or both, for a
laboratory test.
(2) If the provision of a specimen other than a specimen of breath may
be required in pursuance of this section, the question as to whether it is to
be a specimen of blood or a specimen of urine shall be decided by the police
officer making the requirement, but if a medical practitioner is of the opinion
that for medical reasons a specimen of blood cannot or should not be taken,
the specimen shall consist of 2 specimens of urine.
(3) A specimen of urine shall be provided within one hour of the requirement for its provision being made and after the provision of a previous
specimen of urine.
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Revised Laws of Mauritius
(4) A person who, without reasonable excuse, fails to provide a specimen
when required to do so in pursuance of this section 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.
(5) A police officer shall, on requiring any person to provide a specimen
for a laboratory test in pursuance of this section, warn him that a failure,
without any excuse, to provide it may render him liable to prosecution and
may be used against him as evidence.
(6) (a) In a prosecution under section 95, a refusal without reasonable
excuse by a person to submit himself to a breath test or to give a specimen of
his blood or specimens of his urine when required to do so in pursuance of this
section shall be held against him as prima facie evidence that at the material
time the proportion of alcohol in his blood exceeded the prescribed limits.
(b) Paragraph (a) shall not apply where the person has not been
warned by a police officer in accordance with subsection (5).
[S. 97 amended by s. 29 (b) of Act 38 of 2011 w.e.f. 15 December 2011.]