Road Traffic Act 1961

A person must not—

drive a vehicle; or

attempt to put a vehicle in motion, while so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the vehicle.

if the vehicle concerned was a motor vehicle—

for a first offence—

a fine of not less than $1 100 and not more than $1 600; or

imprisonment for not more than 3 months; and

for a subsequent offence—

a fine of not less than $1 900 and not more than $2 900; or

imprisonment for not more than 6 months;

if the vehicle concerned was not a motor vehicle—$500.

If a person engages in conduct involving a motor vehicle that constitutes an offence against subsection (1) while a child under the age of 16 years is present in or on that motor vehicle, the person commits an offence against this subsection and is liable to the same penalty as is prescribed for an offence against subsection (1).

If a person is charged with an offence against subsection (1a) but the court is not satisfied that an offence against that subsection has been established beyond reasonable doubt, the person may be convicted, on that charge, of an offence against subsection (1) if the court is satisfied that an offence against subsection (1) has been so established.

For the purposes of subsection (1), a person is incapable of exercising effective control of a vehicle if, owing to the influence of intoxicating liquor or a drug, the use of any mental or physical faculty of that person is lost or appreciably impaired.

If a court convicts a person of an offence against this section in which the vehicle concerned was a motor vehicle, the following provisions apply:

the court must order that the person be disqualified from holding or obtaining a driver's licence—

in the case of a first offence—for such period, being not less than twelve months as the court thinks fit; or

in the case of a subsequent offence—for such period, being not less than three years, as the court thinks fit;

the disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence unless, in the case of a first offence, the court is satisfied, by evidence given on oath, that the offence is trifling, in which case it may order a period of disqualification that is less than the prescribed minimum period but not less than one month;

if the person is the holder of a driver's licence—the disqualification operates to cancel the licence as from the commencement of the period of disqualification;

the court may, if it thinks fit to do so, order that conditions imposed by section 81A or 81AB of the Motor

In determining whether an offence is a first or subsequent offence for the purposes of this section, any previous drink driving offence or drug driving offence for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the prescribed period immediately preceding the date on which the offence under consideration was committed.