Cap. 65 Art. 15HOffences and punishments.

(1) Every person who contravenes any of the provisions of articles 15A, 15B and 15BA(1) shall be guilty of an offence and

shall on conviction for such an offence or for an offence under sub-

article (4) of article 15E be liable -

(a) in the case of a first conviction, to a fine (multa) of not

less than four thousand euro (€4,000);

(b) in the case of a second or subsequent conviction, to a fine (multa) of not less than eight thousand euro (€8,000): Provided that for the purposes of this article, the court shall not award the minimum punishment if a person has resulted positive to more than one (1) drug, or is under the influence of both a drug substance and alcohol.

(2) In addition to the punishments under sub-article (1), the court shall disqualify the offender from holding or obtaining a driving licence in the case of a first conviction for a period of not less than six months, and in the case of a second or subsequent conviction for a period of not less than one year:

(3) In addition to the penalties under sub-articles (1) and (2), the court may also impose a Probation Order in accordance with article 7 of the Probation Act which shall include an order whereby the offender shall be ordered to attend a rehabilitation programme, with expenses charged upon him, or a Community Service Order in accordance with article 11 of the Probation Act.

Provided that in the case of a conviction due to a person having been unfit to drive through drink or for an offence under article 15B, the provisions of this sub-article shall apply only where the proportion of alcohol in the breath, blood or urine exceeds the prescribed limit by eight microgrammes or more in the breath or by twenty milligrammes or more in the blood or by twenty-three milligrammes or more in urine.

(4) In addition to the punishments provided for under sub-articles (1) and (2), and without prejudice to any other measure or order which the court may impose by virtue of any other law, the court shall, upon delivering judgment, order the convicted person to reimburse the Police the costs incurred in connection with any drug test within such period and in such amount as shall be determined in the judgment.

(5) The provisions of sub-articles (2), (3) and (4) of article 533 of

the Criminal Code shall apply, mutatis mutandis, in favour of the Police, in default of payment of the costs as determined by the court in accordance with sub-article (4).