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The Motor Vehicles Act, 1988

203. Breath tests.

  1. A police officer in uniform may require any person driving or attempting to drive a motor vehicle in a public place to provide one or more specimens of breath for breath test there or nearby, if the police officer has any reasonable cause to suspect him of having committed an offence punishable under section 185:

Provided that no requirement for breath test shall be made unless it is made as soon as reasonably practicable after the commission of such offence.

  1. If  a motor  vehicle is  involved in  an accident in a public place and  a police  officer in  uniform has  any reasonable  cause to suspect that  the person who was driving the motor vehicle at the time of the accident, had alcohol in his blood or that he was driving under the influence of a drug referred  to in  section 185 he may require the person so driving the motor  vehicle, to  provide a  specimen of his breath for a breath test:--
  1. In the case of a person who is at a hopsital as an indoor patient, at the hospital,
  2. In  the case  of any other person, either at or near the place where  the requirement  is made,  or, if the police officer thinks fit, at a police station specified by the police officer:

Provided that  a person  shall not  be required to provide such a specimen while  at a  hospital as  an indoor patient if the registered medical practitioner  in immediate  charge of  his case  is not  first notified of  the proposal  to make  the requirement  or objects to the provision of  a specimen  on the  ground that  its  provision  or  the requirement to  provide it  would be prejudicial to the proper care or treatment of the patient.

  1. If  it appears to a police officer in uniform, in consequence of a breath test  carried out  by him on any person under sub-section (1) or sub-section (2), that the device by means of which the test has been carried  out indicates  the presence  of alcohol  in the person's blood, the  police officer  may arrest  that  person  without  warrant except while that person is at a hospital as an indoor patient.
  2. If  a person,  required by a police officer under sub-section (1) or  sub-section (2)  to provide  a specimen of breath for a breath test, refuses  or fails to do so and the police officer has reasonable cause to  suspect him  of having  alcohol in  his  blood,  the  police officer may  arrest him  without warrant  except  while  he  is  at  a hospital as an indoor patient.
  3. A person arrested under this section shall while at a police station, be given an apportunity to provide a specimen of breath for a breath test there.
  4. The results of a breath test made in pursuance of the provisions of this section shall be admissible in evidence.

Explanation.--For the  purposes of  this section,  "breath test", means a  test for  the purpose  of  obtaining  an  indication  of  the presence of  alcohol in  a person's  blood carried out, on one or more specimens of breath provided by that person, by means of a device of a type approved  by the  Central  Government,  by  notification  in  the Official Gazette, for the purpose of such a test.

Motor Vehicles Act, 1988 Back

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