Section 45A

It is a defence for a person charged with an offence under subsection (1) to prove that at the material time the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.

**A person convicted under this section shall be disqualified from holding or obtaining a driving licence for a period of not less

*NOTE―Previously “a fine of not less than one thousand ringgit and not more than six thousand ringgit and shall also be liable to imprisonment for a term not exceeding twelve months and, in the case of a second or subsequent conviction, a fine of not less than two thousand ringgit and not more than ten thousand ringgit and shall also be liable to imprisonment for a term not exceeding two years.”–see subsection 8(a) of Road Transport (Amendment) Act 2020 [Act A1618].

**NOTE―Previously “On a second or subsequent conviction of an offence under this section, the offender shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified for a period of not less than twelve months from the date of conviction from holding or obtaining a driving licence.”–see subsection 8(b) of Road Transport (Amendment) Act 2020 [Act A1618].

Road Transport 71

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.

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.

Breath test