Malaysia legislation
Section 45F
Section 45F
(a)
that he consumed alcohol after he had ceased to drive, attempt to drive or be in charge of a motor vehicle on a road or other public place and before he provided the specimen; and
(b)
that had he not done so the proportion of alcohol in his breath, blood or urine would not have exceeded the prescribed limit and, if the proceedings are for an offence under section 44 or 45 involving intoxicating liquor, would not have been such as to make him incapable of having proper control of the vehicle.
76 Laws of Malaysia ACT 333
(2)
Evidence of the proportion of alcohol in a specimen of breath, blood or urine may, subject to subsections (4) and (5), be given by the production of a document or documents purporting to be either—
(a)
a statement automatically produced by a prescribed breathanalyser and a certificate signed by a police officer
(which may but need not be contained in the same document as the statement) that the statement relates to a specimen provided by the accused at the date and time shown in the statement; or
(c)
a certificate signed by a government medical practitioner or government chemist as to the proportion of alcohol found in a specimen of blood or urine identified in the certificate.
(3)
A specimen of blood shall be disregarded unless it was taken from the accused by a government medical officer; and evidence that a specimen of blood was so taken may be given by the production of a document purporting to certify that fact and signed by a government medical officer.
(4)
A document purporting to be such a statement or such a certificate, or both, as is mentioned in subsection (2) is admissible in evidence on behalf of the prosecution in pursuance of this section only if a copy of it either has been handed to the accused when the document was produced or has been served on him not later than seven days before the hearing, and any other document is so admissible only if a copy of it has been served on the accused not later than seven days before the hearing; but a document purporting to be a certificate (or so much of a document as purports to be a certificate) is not so admissible if the accused, not later than three days before the hearing or within such further time as the court may in special circumstances allow, has served notice on the prosecution requiring the attendance at the hearing of the person by whom the document purports to be signed.
(5)
Where, at the time a specimen of blood or urine was provided by the accused, he asked to be supplied with such a specimen,
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evidence of the proportion of alcohol in the specimen is not admissible on behalf of the prosecution unless—
(a)
the specimen in which the alcohol was found is one of two parts into which the specimen provided by the accused was divided at the time it was provided; and
(b)
the other part was supplied to the accused.
(6)
A copy of a certificate required by this section to be served on the accused or a notice required by this section to be served on the prosecution may be served personally or sent by registered post.
Interpretation of sections 44 and 45B to 45F