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Road Traffic Act · s 26

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s 26Driving while under influence of drink and drugs

(1)

Any person who, when driving or attempting to drive, or when in charge of a motor vehicle on a road or other public place —

(a)

is under the influence of drink, a drug or an intoxicating substance to such an extent as to be incapable of having proper control of such motor vehicle; or

(b)

has so much alcohol in his body that the proportion of it in his breath or blood exceeds the prescribed limit, is guilty of an offence and liable on conviction to a fine of $10,000 and imprisonment for 2 years and, in the case of a second or subsequent conviction, to a fine of $20,000 and imprisonment for 4 years.

(2)

On a conviction under subsection (1), the court shall order —

(a)

particulars of such conviction to be endorsed on any licence to drive a motor vehicle held by the person convicted; and

(b)

that such person be disqualified from holding or obtaining a licence to drive any motor vehicle for such period not being less than 3 years from the date of such conviction or, where he is sentenced to imprisonment, from the date of his release from prison, as the court may think proper unless the court, having regard to the lapse of time since the date of the previous or last conviction or for any other special reasons (which shall be set out in the order of the court) thinks fit to order otherwise.

(3)

Any police officer may without a warrant arrest any person committing an offence under this section.