Malaysia legislation
Section 45C
Section 45C
(a)
to provide two specimens of breath for analysis by means of a prescribed breathanalyser; or
(b)
to provide a specimen of blood or urine for a laboratory test, notwithstanding that he has been required to provide a specimen of breath for a breath test under subsection 45B(1).
(2)
A requirement under this section to provide a specimen of breath can only be made at a police station.
(3)
A breath test under this section shall only be conducted by a police officer not below the rank of sergeant or by an officer in charge of a police station and shall only be conducted at a police station.
(4)
A requirement under this section to provide a specimen of blood or urine can only be made at a police station or at a hospital, but it cannot be made at a police station unless—
(a)
the police officer making the requirement has reasonable cause to believe that for medical reasons a specimen of breath cannot be provided or should not be required; or
(b)
at the time the requirement is made, the prescribed breathanalyser is not available at the police station or it is for any other reason not practicable to use the breathanalyser, and may be made notwithstanding that the person required to provide the specimen has already provided or been required to provide two specimens of breath.
74 Laws of Malaysia ACT 333
(5)
Where a specimen other than a specimen of breath is required, the police officer making the requirement shall, subject to medical advice, decide whether it is to be a specimen of blood or urine.
(6)
A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this section shall be guilty of an offence and shall on conviction be punished with
*imprisonment for a term not exceeding two years and a fine of not less than ten thousand ringgit and not more than thirty thousand ringgit and, in the case of a second or subsequent conviction, with imprisonment for a term not exceeding five years and a fine of not less than twenty thousand ringgit and not more than fifty thousand ringgit.
(6A)
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.
(6B)
Notwithstanding subsections (6) and (6A), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall revoke his driving licence.
Protection of hospital patient