Drink Driving in Mauritius: Offences and Penalties

Drink driving in Mauritius can be prosecuted where a person drives, attempts to drive or is in charge of a motor vehicle with alcohol above the prescribed limit, or is unfit to drive through drink. The current prescribed limits are 9 microgrammes of alcohol in 100 millilitres of breath, 20 milligrammes in 100 millilitres of blood and 27 milligrammes in 100 millilitres of urine. The exact charge matters because impairment, excess alcohol, refusal and a collision causing death are distinct legal routes.

The offences under the Road Traffic Act

Part VIIIA of the Road Traffic Act contains the principal offences. Section 123E concerns driving, attempting to drive or being in charge while unfit through intoxicating drink or drugs to the point of being incapable of proper control. Section 123F instead asks whether the alcohol concentration in breath, blood or urine exceeded the prescribed limit. Proof of visibly poor driving is not an element of the latter route.

Both provisions extend to a person “in charge” rather than only a moving driver. They also contain a limited defence where the person proves there was no likelihood of driving while the disqualifying condition continued. That is fact-specific: location, keys, control of the vehicle, plans and timing may matter. The charge and police account should be read before deciding whether this issue genuinely arises.

Prescribed alcohol limits

The Road Traffic (Amendment) Act 2018 reduced the limits to 9 microgrammes per 100 millilitres of breath, 20 milligrammes per 100 millilitres of blood and 27 milligrammes per 100 millilitres of urine. The National Assembly records that the 2018 Act came into force on 1 October 2018, and the Mauritius Police Force Traffic Branch publishes the same current figures.

These are specimen concentrations, not a reliable “number of drinks”. Alcohol absorption and elimination vary, and glass size or drink strength is not uniform. A person should not use an online estimate to decide that driving is lawful. The safe practical course is to arrange another driver or transport before drinking and not to take control of a vehicle after alcohol.

Breath, blood and urine testing procedures

Under section 123G, a uniformed police officer with the specified reasonable suspicion may require a preliminary breath specimen at or near the place of the request or at the nearest police station where testing can occur. During an investigation under sections 123D, 123E or 123F, section 123H permits a requirement for two evidential breath specimens on an approved type of device, or for a blood or urine specimen at hospital.

Where two breath specimens are provided, section 123J says the lower reading is used and the other disregarded. Medical safeguards apply to a hospital patient: the practitioner in immediate charge must be notified and may object if the requirement or specimen would prejudice proper care and treatment. A person should state any genuine medical difficulty immediately and ask that it be recorded, without obstructing the procedure.

Penalties on first and subsequent conviction

For an excess-alcohol conviction under section 123F, the statute provides on a first conviction for a fine of Rs 20,000 to Rs 50,000 and imprisonment of up to five years. On a second or subsequent conviction, it provides for a fine of Rs 50,000 to Rs 75,000 together with imprisonment from 12 months to eight years. The Traffic Branch publishes the same ranges for drunken driving.

The court sentences the offence actually proved and must also deal with the licence consequences. Previous convictions, the precise section, any collision and other proven facts affect the position, so a summary range is not a prediction of sentence. A challenge to conviction or sentence must follow the proper appeal route; a Privy Council appeal from Mauritius is a possible final stage only in an appropriate case, not the ordinary first appeal.

Disqualification from driving

The Road Traffic Act’s Second Schedule specifies a minimum 12-month disqualification for a first conviction under sections 123E or 123F and a minimum 24-month disqualification for a second or subsequent conviction. The schedule also provides for cancellation in specified repeat cases. Disqualification is a separate consequence from any fine or imprisonment and can affect work, family responsibilities and insurance without changing the legal minimum.

Read the court order and licensing instructions carefully. Surrender or restoration requirements must be followed, and a person must not assume that expiry of a date alone authorises immediate driving. Driving while disqualified can create a further offence. If livelihood evidence is relevant to sentencing, it should be documented accurately and presented through the proper process rather than used to ignore the order.

Challenging the testing procedure

A lawful defence is not based on a vague claim that the machine was wrong. Review the officer’s stated grounds, whether the statutory request and warning were given, the device type and result records, the two evidential readings, which reading was used, and any hospital or medical documentation. For blood or urine, examine collection, labelling, continuity, analysis and the connection between the specimen and the accused.

Failure without reasonable excuse to provide a requested specimen can itself be an offence. After the statutory warning, refusal may also be used as prima facie evidence in specified excess-alcohol or death cases. A genuine medical or practical inability is therefore not something to invent later: state it at the time, seek medical attention where appropriate and ensure it is recorded. A procedural departure does not automatically end a prosecution; its legal significance depends on what occurred and the evidence affected.

Aggravated cases involving injury or death

Section 123D creates a distinct offence where careless driving causes death and the driver was unfit through drink or drugs, exceeded the prescribed alcohol limit, or failed without reasonable excuse to provide a required specimen within the statutory setting. Section 133 also connects motor-vehicle cases with the Criminal Code offence of involuntary homicide or wounds and blows. Causation and the manner of driving therefore become central in addition to the alcohol evidence.

After a collision, comply with the duties to stop, render reasonable assistance and report; preserve photographs, dashcam material, medical records and insurer communications without altering the scene or evidence. Alcohol evidence is not a shortcut to prove a separate accusation, whether assault or wounds and blows, a sexual offence or a domestic-violence criminal charge. Each allegation requires proof of its own elements.

This article is general legal information for Mauritius, not legal advice. For advice on your situation, consult a barrister.