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Part II · Classification, Registration and Licensing of Motor Vehicles and Drivers

45B. Breath test

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(1)

Where a police officer in uniform has reasonable cause to suspect—

(a)

that a person has committed an offence under section 44 or 45 involving intoxicating liquor or under section 45A; or

(d)

that a person was the driver of or attempted to drive or was in charge of a motor vehicle in an accident involving one or more vehicles on a road or other public place, he may, subject to section 45D, require that person to provide a specimen of breath for a breath test.

(2)

A person may be required under subsection (1) to provide a specimen either at or near the place where the requirement is made or, if the requirement is made under paragraph (1)(b) and the police officer making the requirement thinks fit, at a police station specified by the police officer.

(3)

A breath test required under subsection (1) shall be conducted by the police officer making the requirement or any other police officer.

(4)

A person who, without reasonable excuse, fails to provide a specimen of breath when required to do so in pursuance of this section shall be guilty of an offence and shall on

72 Laws of Malaysia ACT 333

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.

(4A)

**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.

(4B)

Notwithstanding subsections (4) and (4A), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall revoke his driving licence.

(5)

A police officer in uniform may arrest a person without warrant if—

(a)

as a result of a breath test he has reasonable cause to suspect that the proportion of alcohol in that person’s breath, blood or urine exceeds the prescribed limit; or

(b)

that person has failed to provide a specimen of breath for a breath test when required to do so in pursuance of this section and the police officer has reasonable cause to suspect that he has alcohol in his body, but a person shall not be arrested by virtue of this subsection when he is at a hospital as a patient.

*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 9(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 9(b) of Road Transport (Amendment) Act 2020 [Act A1618].

Road Transport 73

Report

Read on from s 45C

Part III

Roads

Read on from Part III

Part IV

Provisions Against Third Party Risks Arising Out of the Use of Motor Vehicles

Read on from Part IV

Part V

Offences and Miscellaneous Provisions

Read on from Part V

Schedules