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(1)Any person who when driving or attempting to drive, or when in charge of, a motor vehicle on a road or other public place is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the vehicle, shall be liable—
(a)on summary conviction to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding four months, and in the case of a second or subsequent conviction either to a fine not exceeding one hundred pounds or to such imprisonment as aforesaid or to both such fine and imprisonment;
(b)on conviction on indictment to imprisonment for a term not exceeding six months or to a fine, or to both such imprisonment and fine.
(2)A person convicted of an offence under this section shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified for a period of twelve months from the date of the conviction for holding or obtaining a licence.
(3)A person liable to be charged with an offence under this section shall not be liable to be charged under section twelve of the [35 & 36 Vict. c. 94.] Licensing Act, 1872, with the offence of being drunk while in charge, on a highway or other public place, of a carriage.
(4)A police constable may arrest without warrant any person committing an offence under this section.
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