The Motor Vehicles Act, 1988
203. Breath tests.
- A police officer in uniform
may require any person driving or attempting to drive a motor vehicle in a
public place to provide one or more specimens of breath for breath test there or
nearby, if the police officer has any reasonable cause to suspect him of having
committed an offence punishable under section 185:
Provided that no requirement
for breath test shall be made unless it is made as soon as reasonably
practicable after the commission of such offence.
- If a motor
vehicle is involved in an accident in a public place and a
police officer in uniform has any reasonable cause to
suspect that the person who was driving the motor vehicle at the time of
the accident, had alcohol in his blood or that he was driving under the
influence of a drug referred to in section 185 he may require the
person so driving the motor vehicle, to provide a specimen of
his breath for a breath test:--
- In the case of a person
who is at a hopsital as an indoor patient, at the hospital,
- In the case of
any other person, either at or near the place where the requirement
is made, or, if the police officer thinks fit, at a police station
specified by the police officer:
Provided that a person
shall not be required to provide such a specimen while at a hospital as an
indoor patient if the registered medical practitioner in immediate charge of
his case is not first notified of the proposal to make the requirement or
objects to the provision of a specimen on the ground that its provision
or the requirement to provide it would be prejudicial to the proper care or
treatment of the patient.
- If it appears to a
police officer in uniform, in consequence of a breath test carried out
by him on any person under sub-section (1) or sub-section (2), that the device
by means of which the test has been carried out indicates the
presence of alcohol in the person's blood, the police officer
may arrest that person without warrant except while that
person is at a hospital as an indoor patient.
- If a person,
required by a police officer under sub-section (1) or sub-section (2)
to provide a specimen of breath for a breath test, refuses or fails
to do so and the police officer has reasonable cause to suspect him
of having alcohol in his blood, the police officer
may arrest him without warrant except while he
is at a hospital as an indoor patient.
- A person arrested under
this section shall while at a police station, be given an apportunity to provide
a specimen of breath for a breath test there.
- The results of a breath test
made in pursuance of the provisions of this section shall be admissible in
evidence.
Explanation.--For the
purposes of this section, "breath test", means a test for the purpose of
obtaining an indication of the presence of alcohol in a person's blood
carried out, on one or more specimens of breath provided by that person, by
means of a device of a type approved by the Central Government, by
notification in the Official Gazette, for the purpose of such a test.
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