Section 105, The Road Traffic Act, 2007

(1) A person who, without reasonable excuse, fails toprovide a specimen of breath when required to do so in pursuance of section 104 commits an offence and is liable on summary conviction to a fine not exceeding Le500,000 or to a term of imprisonment not exceeding 2 years or to both. (2) A police officer may arrest a person without warrant if– (a) as a result of a breath test the police officer has reasonable cause to suspect that the proportion of alcohol in that person’s breath or blood exceeds the prescribed limit; or (b) that person has failed to provide a specimen of breath for a breath test when required to do so and the police officer has reasonable cause to suspect that that person has excess alcohol in his body; but a person shall not be arrested by virtue of this subsection when that person is at a hospital as a patient. (3) A police officer may, require a person to provide a specimen of breath where the police officer has reasonable cause to suspect that an accident that has occurred involved injury to another person or property. (4) A provision of a specimen other than a specimen of breath may be required in pursuance of section 104 and the question whether it is to be a specimen of blood or a specimen of urine shall be decided by the police officer making the requirement, but if a medical practitioner is of the opinion that for medical reasons a specimen of blood cannot or should not be taken the specimen shall be the specimen of urine. (5) A blood or urine test for the purposes of section 104 shall be carried out by a qualified person. (6) The result of any test or analysis under section 104 shall be conclusive evidence of the level of alcohol in the breath, blood or urine of the person providing the breath, blood or urine.