Section 83Part 7 — Control of Road Users
Driving or being in charge of a vehicle while under the influence of alcohol or drugs and causing death
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83. (1) A person who —
has consumed alcohol in such a quantity that the proportion of alcohol in that person’s breath, blood or urine exceeds the prescribed limit; or
is unfit to drive through the consumption of alcohol or drugs, whether or not that person has consumed alcohol in excess of the prescribed limit, and who drives or attempts to drive a vehicle on a road, or is in charge of a vehicle on a road, and by so doing causes the death of another person, commits an offence.
A person who commits an offence under subsection (1) is liable on conviction on indictment to imprisonment for a term of ten years and shall be disqualified from driving for a period of five years or such longer period as the court may order or to a fine of five thousand dollars or both.
Where a constable has reasonable cause to suspect that a person is or has been committing an offence under this section, that constable may arrest that person without warrant.
The particulars of a conviction under this section shall be endorsed on the driving record of the convicted person.