Motor Vehicles Act Section 203 — Breath tests
CHAPTER XIII OFFENCES, PENALTIES AND PROCEDURE
Civil
Summary
Sub-section (1) allows a police officer in uniform, or an authorised officer of the Motor Vehicles Department, to ask anyone who is driving or trying to drive a motor vehicle in a public place to give one or more breath samples for a breath test, either at that spot or nearby. This can only be done if the officer has reasonable cause to suspect the person has committed an offence under section 185. The request for the breath test must be made as soon as reasonably practicable after the suspected offence.
Sub-section (2) deals with accidents. If a motor vehicle is involved in an accident in a public place, and a police officer in uniform reasonably suspects that the person driving at the time of the accident had alcohol in their blood or was driving under the influence of a drug mentioned in section 185, the officer can require that person to give a breath sample for a breath test. If the person is in a hospital as an indoor patient, the test must be done at the hospital. For anyone else, the test can be done at or near the place where the requirement is made, or, if the officer thinks fit, at a police station the officer specifies. However, a person who is an indoor patient in a hospital cannot be required to give a sample if the registered medical practitioner in immediate charge of their case is not first told about the plan to make the requirement, or if that practitioner objects because providing the sample or the requirement itself would harm the proper care or treatment of the patient.
Sub-section (3) says that if a breath test carried out under sub-section (1) or sub-section (2) shows the presence of alcohol in the person's blood, the police officer may arrest that person without a warrant. This arrest cannot happen while the person is at a hospital as an indoor patient.
Sub-section (4) covers refusal or failure to provide a breath sample. If a person required to give a breath sample under sub-section (1) or sub-section (2) refuses or fails to do so, and the police officer reasonably suspects the person has alcohol in their blood, the officer may arrest the person without a warrant. Again, this arrest cannot happen while the person is at a hospital as an indoor patient.
Sub-section (5) states that a person arrested under this section must, while at a police station, be given the opportunity to provide a breath sample for a breath test there.
Sub-section (6) provides that the results of a breath test carried out under this section are admissible as evidence in legal proceedings.
The explanation defines "breath test" for this section. It means a test to get an indication of whether alcohol is present in a person's blood, carried out on one or more breath samples provided by that person, using a device of a type approved by the Central Government through a notification in the Official Gazette.
Official Text
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(1) A police officer in uniform or an officer of the Motor Vehicles Department, as may be authorised in this behalf by that Department, 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 such police officer or officer has any reasonable cause to suspect him of having committed an offence under section 185:
Provided that requirement for breath test shall be made (unless it is made) as soon as reasonably practicable after the commission of such offence.]
(2) 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:—
(a) in the case of a person who is at a hospital as an indoor patient, at the hospital,
(b) 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.
(3) 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.
(4) 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.
(5) A person arrested under this section shall while at a police station, be given an opportunity to provide a specimen of breath for a breath test there.
(6) 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.