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MOTOR VEHICLES AND ROAD TRAFFIC ACT
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75.   Driving while intoxicated

Revised Laws of Saint Lucia (2022)

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75.   Driving while intoxicated

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    (1)   In this section “intoxicated” means —

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      (a)     being so impaired from drugs consumed as to be incapable of having proper control of the motor vehicle; or

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      (b)     having a proportion of alcohol in the blood, urine or breath that —

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        (i)     in the case of blood, exceeds 80 milligrams of alcohol in 100 millilitres of blood,

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        (ii)     in the case of urine, exceeds 107 milligrams of alcohol in 100 millilitres of urine,

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        (iii)     in the case of breath, exceeds 35 micrograms of alcohol in 100 millilitres of breath.

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    (2)   A person shall not drive a motor vehicle on a road, or have the care or control of a motor vehicle on a road or other public place, whether it is in motion or not, while intoxicated.

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    (3)   A person who contravenes subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both, in addition to the sanction specified under section 106. (Substituted by Act 10 of 2006)

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    (4)   If a police officer reasonably believes that a person is in violation of subsection (2), then, without prejudice to the police officer's power of arrest without warrant under the Criminal Code, the police officer may require, by demand made to the person immediately or as soon as practicable, that the person submit to any one or more intoxication tests, and to accompany the police officer for that purpose if necessary.

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    (5)   After the sample for the intoxication test is provided, the police officer may detain the person at the police station, until —

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      (a)     it appears to the police officer, or the police officer in charge of the station, that the person is no longer impaired through alcohol or drugs from having control of a motor vehicle; or

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      (b)     the person is released under the care of a relative whom the police officer, or officer in charge of the station, believes is capable of securing the person until the person is no longer under the influence of alcohol or drugs.

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    (6)   If a person is incapable of comprehending the nature of a demand under subsection (4) due to physical or mental trauma, a sample necessary for an intoxication test may be taken from the person without a demand being made under subsection (4).

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    (7)   A person who without reasonable excuse fails or refuses to comply with a demand made under this section commits an offence and is liable on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both. (Substituted by Act 10 of 2006)

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    (8)   If a person fails or refuses to comply with a demand made under this section without reasonable excuse, the court or jury, in determining whether that person is guilty of the offence, may draw any inference that appears proper, having regard to all the evidence, as to whether the person was intoxicated at the time when the offence was alleged to have been committed.

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    (9)   In the absence of any evidence to the contrary, evidence of the result of an intoxication test is proof, in proceedings under this section, of the proportion of alcohol or drug in the blood, urine or breath, as the case may be, of the defendant, at the time when the offence was alleged to have been committed, if the sample was taken in accordance with this section.

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    (10)   In proceedings for an offence under this section, a certificate of an analyst containing the results of the intoxication test is evidence of the statements contained in the certificate, without proof of the signature of the person appearing to have signed the certificate.

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    (11)   In proceedings for an offence under this section, a certificate of a medical practitioner stating that, in his or her opinion at the time the blood sample was taken the defendant was incapable, due to physical or mental trauma, of comprehending the nature of a demand under this section, is evidence of the statements contained in the certificate without proof of the signature of the person appearing to have signed the certificate.

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    (12)   In proceedings for an offence under this section, the proportion of alcohol or drug in the sample of the defendant at the time of the intoxication test is deemed to be the same as the proportion of drug in the blood, urine or breath, as the case may be, of the defendant when the sample was taken, unless the defendant proves otherwise.

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    (13)   With leave of the Court, a defendant against whom a certificate of an analyst and certificate of a medical practitioner are produced may require the attendance of the person who made the certificate for the purpose of cross-examination.

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    (14)   A certificate shall not be received in evidence under this section unless, at least 3 days before the hearing, the defendant is served personally with —

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      (a)     a notice that the certificate will be introduced; and

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      (b)     a copy of the certificate.

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    (15)   No action lies, for damages or otherwise, against any person as a result of the taking or analyzing of a blood sample under this section except an action for damages arising out of negligence in technical procedures used in taking the blood, urine or breath.

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    (16)   The Minister may prescribe the form and content of certificates to be used for purposes of this section.

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    (17)   For the purpose of this section, the Minister shall prescribe the intoxication tests to be used and the method and equipment to be used for determining the proportion of alcohol or drugs in any one or more of the following — (Amended by Act 10 of 2006)

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      (a)     a person's blood;

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      (b)     a person's urine;

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      (c)     a person's breath.

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    (18)   For purposes of this section, the Minister shall by order in the Gazette, designate —

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      (a)     a person or class of persons as approved persons for purposes of taking a sample from another person;

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      (b)     a person or class of persons as approved persons for purposes of analyzing a sample taken from another person.

(Amended by Act 10 of 2006)

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