Driving while under influence of drink or drugs
67.—(1)  Any person who, when driving or attempting to drive a motor vehicle on a road or other public place —
(a)is unfit to drive in that he or she is under the influence of drink or of a drug or an intoxicating substance to such an extent as to be incapable of having proper control of the vehicle; or
(b)has so much alcohol in his or her body that the proportion of it in his or her breath or blood exceeds the prescribed limit,
shall be guilty of an offence and shall be liable on conviction to a fine of not less than $2,000 and not more than $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent conviction, to a fine of not less than $5,000 and not more than $20,000 and to imprisonment for a term not exceeding 2 years.
[19/2019]
(2)  Subject to sections 64(2D) and (2E) and 65(6) and (7), a court convicting a person for an offence under this section in the following cases is to, unless the court for special reasons thinks fit to not order or to order otherwise, order that the person be disqualified from holding or obtaining a driving licence for a period of not less than the specified period corresponding to that case, starting on the date of the person’s conviction or, where the person is sentenced to imprisonment, on the date of the person’s release from prison:
(a)for a first offender — 2 years;
(b)for a repeat offender — 5 years.
[19/2019]
(2A)  Subject to sections 64(2D) and (2E) and 65(6) and (7), where a court convicts a person for an offence under subsection (1) and the person has been convicted (whether before, on or after 1 November 2019) on 2 or more earlier occasions of an offence under subsection (1), section 68, or subsection (1) as in force immediately before 1 November 2019, the court is to, unless the court for special reasons thinks fit to order a shorter period of disqualification, order that the person be disqualified from holding or obtaining a driving licence for life starting on the date of the person’s conviction.
[19/2019]
(3)  Any police officer may arrest without warrant any person committing an offence under this section.
(4)  In this section, a repeat offender means a person who is convicted of an offence under this section and who has been convicted (whether before, on or after 1 November 2019) on one other earlier occasion of —
(a)an offence under subsection (1) or section 68; or
(b)an offence under subsection (1) as in force immediately before 1 November 2019.
[19/2019]