Traffic Act 1987

(b) the holder of a learner licence when driving a vehicle of the class to which the learner licence relates;

(c) the holder of a licence that is provisional under section 42 or section 10A of the Motor Vehicles Act 1949;

(d) a person who is not licensed to drive a motor vehicle (other than through failure to renew a licence);

(e) a person who is not a resident of the Territory who does not have a right under section 32(1) to drive in the Territory.

(2) The person must not drive a motor vehicle if the person's breath or blood contains alcohol.

Maximum penalty: For a first offence – 5 penalty units or imprisonment for 3 months.

For a second or subsequent offence –7.5 penalty units or imprisonment for 6 months.

(3) An offence against subsection (2) (a relevant offence) is a second or subsequent offence if the person has previously been found guilty of any of the following offences:

(iii) a low range breath or blood alcohol content (only if the previous offence was committed after 1 July 2007 and only if the previous offence was committed within 3 years before committing the relevant offence);

(c) failing to provide a sufficient sample of breath for a breath analysis;

(e) driving with alcohol in the breath or blood (if the person, at the time of the previous offence, was of a class mentioned in subsection (1));

(f) driving with alcohol in the breath or blood (if the person, at the time of the previous offence, was of a class mentioned in section 25(1) or (2) and only if the previous offence was committed within 3 years before committing the relevant offence);

(g) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both).

(4) For subsection (3)(a)(iii), (e) and (f), an offence for which an infringement notice was issued and not withdrawn is taken to be a previous finding of guilt for the offence.

(5) If a court finds a person guilty of a relevant offence, the person's licence to drive is automatically cancelled and the person is disqualified from:

(a) for a first offence – obtaining a licence for a period that is at least 3 months; and

(i) obtaining a licence for a period (mandatory period) that is at least 6 months; and

(ii) if the mandatory period is less than 5 years – obtaining a licence other than an AIL licence for an additional period (AIL period) immediately after the mandatory period that is at least 6 months and not more than 3 years.

Notes

1 This means the person may be able to drive a motor vehicle fitted with an alcohol ignition lock during the AIL period after being disqualified for the mandatory period (see sections 29AAYB and 29AAYC).

2 If the mandatory period is 5 years or more, no AIL period applies to the person and the person cannot obtain an AIL licence.

(6) A relevant offence that is a second or subsequent offence is an immediate suspension offence.