Section 45

that at the material time the circumstances were such that there was no likelihood of his driving the vehicle so long as he remained so unfit to drive; and

that between his becoming so unfit to drive and the material time he had not driven the vehicle on a road or other public place.

A person convicted under this section shall be disqualified from holding or obtaining a driving licence for a period of not less than two years from the date of the conviction and, in the case of a second or subsequent conviction, be disqualified for a period of not less than five years from the date of the conviction.

Where a person convicted of an offence under this section has been previously convicted of an offence under section 44, he shall be

*NOTE―Previously “shall on conviction be punished with a fine not exceeding one thousand ringgit and shall also be liable to imprisonment for a term not exceeding three months and, in the case of a second or subsequent conviction, a fine of not less than two thousand ringgit and not more than six thousand ringgit and shall also be liable to imprisonment for a term not exceeding twelve months”

–see subsection 7(a) of Road Transport (Amendment) Act 2020 [Act A1618].

70 Laws of Malaysia ACT 333

treated for the purpose of this section as having been previously convicted under this section.

Notwithstanding subsection (1), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall thereupon revoke his driving licence.

Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit