(1) A person who has been arrested under section 203 may, while at a police station, be required by a police officer to provide to such registered medical practitioner as may be produced by such police officer a specimen of his blood for a laboratory test—
(a) if it appears to the police officer that the device, by means of which the breath test was taken in relation to such person, indicates the presence of alcohol in the blood of such person, or
(b) if such person, when given the opportunity to submit to a breath test, has refused, omitted, or failed to do so:
Provided that where the person required to provide such specimen is a female and the registered medical practitioner produced by such police officer is a male medical practitioner, the specimen shall be taken only in the presence of a female, whether a medical practitioner or not.
(2) A person while at a hospital as an indoor patient may be required by a police officer to provide at the hospital a specimen of his blood for a laboratory test:—
(a) if it appears to the police officer that the device by means of which the test is carried out in relation to the breath of such person indicates the presence of alcohol in the blood of such person, or
(b) if the person, having been required, whether at the hospital or elsewhere, to provide a specimen of breath for a breath test, has refused, omitted, or failed to do so and a police officer has reasonable cause to suspect him of having alcohol in his blood:
Provided that a person shall not be required to provide a specimen of his blood for a laboratory test under this sub-section 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 such 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) The results of a laboratory test made in pursuance of this section shall be admissible in evidence.
Explanation.—For the purposes of this section, “laboratory test” means the analysis of a specimen of blood made at a laboratory established, maintained, or recognised by the Central Government or a State Government.
Simplified Explanation
Section 204 of the Motor Vehicles Act pertains to the procedure for conducting a laboratory test to determine the presence of alcohol or drugs in a driver’s body. This section typically comes into play when a breath test or initial suspicion suggests that a driver is under the influence, and further, more precise testing is required. It provides the legal framework for conducting medical or laboratory tests to confirm intoxication.
Overview of Section 204
This section allows:
- Law enforcement or authorized medical professionals to require a driver to undergo a laboratory test to confirm the presence of alcohol or drugs.
- Ensures that such tests are conducted under legal supervision to verify intoxication beyond the initial roadside breath test.
Key Elements of Section 204
- Request for a Laboratory Test:
- If a police officer in uniform has reason to believe that a person is driving under the influence of alcohol or drugs based on a breath test (under Section 203) or visible signs of intoxication, they may require the individual to undergo a laboratory test.
- This test is usually conducted if the results of the initial breath test indicate alcohol consumption beyond the permissible limit, or if the officer suspects the influence of drugs.
- Types of Laboratory Tests:
- The tests conducted under this section include:
- Blood tests to measure the level of alcohol or drugs in the bloodstream.
- Urine tests to detect substances that may impair driving abilities.
- These tests are considered more accurate than breath tests in confirming the presence and quantity of intoxicating substances.
- The tests conducted under this section include:
- Medical Examination:
- The laboratory tests must be conducted by an authorized medical practitioner or a certified laboratory. The test results can then be used as evidence in legal proceedings if the driver is found to be intoxicated beyond legal limits.
- The medical examination may include taking samples of blood, urine, or other bodily fluids for analysis.
- Driver’s Obligation to Comply:
- A person required to undergo a laboratory test is legally obliged to comply. Refusal to submit to the test may result in penalties or presumptions of guilt similar to those for refusing a breath test.
- Non-compliance may result in charges under the Motor Vehicles Act for obstructing legal procedures and could lead to legal consequences.
- Use of Test Results:
- The results of the laboratory test can be used as evidence to prosecute the offender under Section 185 (Driving under the influence) or other relevant sections of the Act. If the test confirms that the driver was intoxicated, they can face fines, imprisonment, or both, depending on the severity of the offence.
- Ensuring Accurate Detection:
- While breath tests provide a preliminary estimate of a person’s blood alcohol level, laboratory tests are more precise and reliable, especially when determining the presence of drugs or when more accurate measurements of alcohol levels are needed for legal purposes.
Practical Implications
- Accurate Measurement of Intoxication: Section 204 ensures that law enforcement has access to more accurate and scientific methods of determining a driver’s level of intoxication, especially when breath tests are insufficient or drugs are suspected. This enhances the reliability of evidence in legal proceedings.
- Compliance and Accountability: Drivers are obligated to comply with laboratory tests, ensuring that individuals suspected of being intoxicated cannot evade detection. The section ensures accountability by providing clear legal consequences for refusal.
- Deterring Drugged Driving: While breath tests primarily detect alcohol, laboratory tests can also identify drugs in the driver’s system. This section plays a key role in addressing not only drunk driving but also drug-impaired driving, which poses significant risks to road safety.
- Supporting Law Enforcement: Section 204 empowers police officers and medical professionals to thoroughly investigate cases of suspected intoxication, ensuring that no gaps remain in detecting offenders who drive under the influence of intoxicants.
Conclusion
Section 204 of the Motor Vehicles Act provides the framework for conducting laboratory tests to accurately determine the presence of alcohol or drugs in a driver’s body. By enabling law enforcement to request blood or urine tests, this section ensures that suspected intoxicated drivers are held accountable. It enhances the accuracy of evidence in legal proceedings and plays a vital role in promoting road safety, preventing drugged driving, and ensuring that intoxicated drivers face appropriate penalties under the law.