Driving, or being in charge, when under influence of alcohol or drugs

(1) Any person who, when driving or attempting to drive a motor vehicle on a road or other public place, is unfit to drive through alcohol or drugs commits an offence and shall be liable on summary conviction to a fine which shall not be less than five hundred dollars, or to imprisonment for one year or to both, and in case of a second or subsequent conviction, to a fine which shall not be less than one thousand dollars but which may extend to five thousand dollars or to imprisonment for two years, or to both such fine and term of imprisonment. (2) Without prejudice to sub-section (1), a person who, when in charge of motor vehicle which is on a road or other public place, is unfit to drive through alcohol or drugs commits an offence and shall be liable on summary conviction to a fine of five hundred dollars or to imprisonment for six months, or to both such fine and term of imprisonment. (3) For the purpose of sub-section (2), a person shall be deemed not to have been in charge of a motor vehicle if he proves that at the material time the circumstances were such that there was no likelihood of his driving it so long as he remained unfit to drive through alcohol or drugs, but in determining whether there was such a likelihood the court may disregard any injury to him or any damage to the vehicle. Motor Vehicles and Road Traffic [CAP. 230 51 (4) For the purposes of this section, a person shall be taken to be unfit to drive if his ability to drive properly is for the time being impaired. (5) A police officer may arrest a person without warrant if he has reasonable cause to suspect that the person is or has been committing an offence under this section. (6) For the purpose of arresting a person under the power conferred by sub-section (5), a police officer may enter any place where that person is or where the police officer, with reasonable cause, suspects him to be. (7) A person convicted of an offence under this section may be disqualified for a period of twelve months from the date of the conviction from holding or obtaining a Belize Driving Licence, but on a second or subsequent conviction for a like offence he shall be permanently disqualified for holding or obtaining a Belize Driving Licence.