6.3 Alcohol and Drugs, Breath Tests, and Duties After an Accident
Key Takeaways
Regulation 7 of the Motor Traffic (Alcohol and Drugs) Regulations 1979 sets 0.08 g of alcohol per 100 ml of blood (80 mg/100 ml) as the level at which a driver is deemed to have consumed alcohol.
Refusing a breath test or a Government Medical Officer's examination creates a legal presumption that the driver consumed alcohol (s.151(1C)).
Driving after consuming alcohol is fined Rs. 25,000 to Rs. 30,000, or up to 3 months' imprisonment, or both, plus suspension for up to 12 months (s.216); bus and hire drivers face cancellation (s.216A).
After an accident causing injury to a person, animal or property, the driver must stop immediately, give particulars on request, and report forthwith to the officer-in-charge of the nearest police station (s.161(1)(a)).
Passengers who did not give their particulars at the scene must inform the police within 24 hours, and a driver who cannot produce the insurance certificate when asked must produce it at the nearest police station within 24 hours (s.161).
6.3 Alcohol and Drugs, Breath Tests, and Duties After an Accident
Two of the most serious offences in the Motor Traffic Act are driving after consuming alcohol or drugs, and failing in your duties after an accident. The DMT sample paper tests both. It asks what alcohol and drugs do to a driver's reactions, what a driver must do immediately after an accident, and the time limit for informing the police.
1. The Offence: Section 151
Since the Motor Traffic (Amendment) Act No. 31 of 1979, the offence is not "being under the influence". It is driving after consuming alcohol or any drug:
- s.151(1): no person shall drive a motor vehicle on a road after he has consumed alcohol or any drug.
- s.151(1A): no person shall drive an omnibus or any other vehicle carrying persons for fee or reward after consuming alcohol or any drug. The wording is the same, but the penalty is heavier: cancellation of the licence.
- s.151(1B): driving after consuming alcohol or drugs and thereby causing death or injury is a separate, more serious offence.
The prescribed limit
Section 151(1D) lets regulations fix the blood-alcohol concentration at or above which a person is deemed to have consumed alcohol. Regulation 7 of the Motor Traffic (Alcohol and Drugs) Regulations 1979 (published in the Gazette of 13 July 1979) fixes it at 0.08 g of alcohol per 100 ml of blood, which is 80 mg per 100 ml (0.08%). The courts have applied this figure. In Sumanaratne v O.I.C. Police, Borella the prosecution failed because it had not proved a concentration of at least 0.08 g per 100 ml.
Important
The 0.08 g per 100 ml figure is the legal threshold for prosecution, not a safe amount. Alcohol starts to impair judgement and reaction time well below it. The only safe rule is not to drink before driving. Sections 151(1) and 151(1A) use the same "consumed alcohol" test. No separate lower legal limit for commercial drivers was found in the Act or the 1979 regulations; the difference is the heavier penalty for bus and hire drivers.
Breath tests and medical examination (s.151(1C))
- A police officer who suspects a driver has consumed alcohol may require an immediate breath test or an examination by a Government Medical Officer (GMO), and the driver must comply.
- The 1979 regulations require the test to use a device approved by the Inspector-General of Police, and the officer must give the driver a signed written statement of the time, the place and the concentration shown.
- If the test or examination shows that the driver has consumed alcohol, or if the driver refuses, the law presumes that the driver has consumed alcohol unless evidence to the contrary is produced.
- For suspected drugs, the officer may produce the driver before a GMO. The GMO's report is sufficient evidence unless contradicted, and refusing the examination raises the same presumption.
- The officer may arrest without a warrant (s.151(1CC)) and may detain the driver at a police station for inquiry (s.232E).
2. Penalties (Sections 216 to 217, as Amended in 2019)
| Offence | Penalty on conviction |
|---|---|
| Driving after consuming alcohol or drugs (s.151(1)) | Fine of Rs. 25,000 to Rs. 30,000, or imprisonment up to 3 months, or both, and suspension of the licence for up to 12 months (s.216) |
| The same, driving a bus or a vehicle carrying passengers for hire (s.151(1A)) | Fine of Rs. 25,000 to Rs. 30,000, or imprisonment up to 6 months, or both, and cancellation of the licence (s.216A) |
| Causing death after consuming alcohol or drugs (s.151(1B)) | Fine of Rs. 100,000 to Rs. 150,000, or imprisonment of 2 to 10 years, or both, and cancellation of the licence (s.216B(a)) |
| Causing hurt | Rs. 30,000 to Rs. 50,000, or up to 1 year, or both, and cancellation (s.216B(b)(i)) |
| Causing grievous injury | Rs. 50,000 to Rs. 100,000, or up to 5 years, or both, and cancellation (s.216B(b)(ii)) |
| Reckless or dangerous driving (s.151(2)) | Rs. 10,000 to Rs. 25,000; on a second conviction Rs. 15,000 to Rs. 30,000 and suspension; on later convictions up to Rs. 40,000 and/or up to 6 months' rigorous imprisonment, and cancellation (s.217(1)) |
What alcohol and drugs do to a driver
The DMT sample paper asks what happens when a driver has taken alcohol or drugs. The answer is that the time taken to react to a hazard increases. A longer reaction time adds directly to the thinking distance: at 50 km/h a car travels about 14 m every second, so every extra half-second before braking adds about 7 m. Alcohol also:
- narrows attention and peripheral awareness;
- slows recovery from headlight glare;
- impairs judgement of speed and distance, especially when overtaking; and
- produces false confidence and risk-taking.
Many medicines, including some cough syrups, antihistamines and sleeping tablets, cause drowsiness. Read the label and ask a pharmacist before driving.
3. Duties After an Accident: Section 161
Section 161 applies whenever an accident involving a motor vehicle on a road causes injury to any person, animal or property.
The driver's duties (s.161(1)(a))
- Stop the vehicle immediately.
- Give your particulars if asked by the injured person, the owner or person in charge of damaged property or an injured animal, a police officer or a Grama Niladhari: your name and address, the owner's name and address, the vehicle's registration number and other particulars.
- If someone is injured: where the injured person asks, is unconscious, or the injury appears to endanger life, take that person immediately to a hospital or a medical practitioner, and then report the accident forthwith to the officer-in-charge of the nearest police station.
- In every other case, report the accident forthwith to the officer-in-charge of the nearest police station, using the prescribed form.
- Failing to report forthwith is punishable by a fine of Rs. 3,000 to Rs. 5,000 (s.161(1)(a)(v)).
Other people's duties
- Passengers must give their names and particulars if asked, or inform a police station within 24 hours that they were in the vehicle (s.161(1)(c)).
- The owner must give the police full information about the driver and occupants, and must not give false information (s.161(1)(b)).
- If an injured person or officer asks for your certificate of insurance and you cannot produce it, produce it at the nearest police station within 24 hours, or in person within five days at a station you name (s.161(2)).
- Insurers must inform the police of claims and must not settle a claim until they receive a police-certified copy of the accident report form (s.161(1)(d)).
Note
Older DMT practice questions ask for the "maximum time" to report to the police and offer 12, 24, 36 or 48 hours. The current Act requires the driver to report forthwith, meaning as soon as possible. The 24-hour figure applies to passengers' notification and to producing the insurance certificate. If you meet the old question, 24 hours is the only figure that appears in section 161, but in real life report immediately.
Practical steps at the scene
- Switch on the hazard lights. If the vehicle must be left on the road at night, light its front and rear (s.167(3)).
- Call 1990 (the free Suwa Seriya ambulance service) and 119 (police emergency). On an expressway call 1969.
- Do not move a casualty with a suspected neck or spine injury unless there is an immediate danger such as fire.
- Switch off engines to reduce the risk of fire.
- Note the vehicles, positions, witnesses and road conditions for your report.
Section 149 adds that, whatever the rules of the road say, every driver has a general duty to take whatever action is necessary to avoid an accident. Another driver's mistake is not an excuse for a crash you could have prevented.
What blood-alcohol concentration is fixed by regulation 7 of the Motor Traffic (Alcohol and Drugs) Regulations 1979 as the level at which a driver is deemed to have consumed alcohol?
0.02 g per 100 ml of blood
0.05 g per 100 ml of blood
0.10 g per 100 ml of blood
0.08 g per 100 ml of blood
According to the DMT sample paper, what is the main effect on a driver who has consumed alcohol or drugs?
The time taken to react to a hazard increases
The time taken to react to a hazard decreases
The ability to judge distances improves
Night vision becomes sharper
A driver's car injures a pedestrian, who is unconscious. What does section 161(1)(a) require of the driver?
Drive to the nearest post office and pay the spot fine for the accident
Leave the scene and report the accident to the nearest police station within 48 hours
Stop, take the person straight to hospital, then report forthwith to the police
Wait at the scene until the insurance company's assessor arrives to take details
Sections you finish are checked off in the contents.