Section 102, The Road Traffic Act, 2007

(1) A person who, while driving or attempting to drive amotor vehicle on a road, is under the influence of alcohol or drugs to such a degree as to be incapable of having proper control of the vehicle commits an offence and is liable on summary conviction – (a) where– (i) no bodily injury; or (ii) a minor bodily injury occurs to any person other than the driver, to a fine not exceeding Le100,000 or to a term of imprisonment not exceeding 6 months or to both; (b) where bodily injury of an aggravated nature occurs to any person other than the driver, to a minimum fine of Le250,000 and not exceeding Le500,000 or to a term of imprisonment of not less than 1 year and not exceeding 2 years or to both; or (c) where death occurs, to a fine of not less than Le1,000,000 and not less than Le2,000,000 or to a term of imprisonment of not less than 3 years and not exceeding 5 years or to both. (2) A person shall be taken to be under the influence of alcohol where the alcohol concentration in that person’s blood or breath as shown by any competent medical evidence or any other competent evidence, is 0.08 percent or more when measured within two hours of the time of operating or attempting to operate the motor vehicle. (3) The court may, upon conviction of any person under this section, order the payment of such compensation as the court may consider appropriate to any injured person or to the estate of the person.