Road Traffic Act 1974

A person who drives or attempts to drive a motor vehicle —

while under the influence of alcohol to such an extent as to be incapable of having proper control of the vehicle; or

while under the influence of drugs to such an extent as to be incapable of having proper control of the vehicle,

for a first offence, if the person has committed the offence under paragraph (a) and has been previously convicted of an offence against section 64 —

a fine of not less than 48 PU and not more than 75 PU; and

the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period not less than the minimum period of disqualification that would apply if the offence were against section 64 instead of this section and the person’s blood alcohol content were above 0.14 g of alcohol per 100 ml of blood;

for a first offence, if the person has committed the offence under paragraph (a) and has been previously convicted of an offence against section 64B(3), or offences against sections 64 and 64B(3) —

a fine of not less than 54 PU and not more than 75 PU; and

the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period not less than the minimum period of disqualification that would apply if the offence were against section 64B(3) instead of this section and the person’s blood alcohol content were above 0.14 g of alcohol per 100 ml of blood;

for a first offence, in any other case —

a fine of not less than 34 PU or more than 75 PU; and

the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 10 months;

for a second offence —

a fine of not less than 63 PU or more than 105 PU or imprisonment for 9 months; and

the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 30 months;

for a subsequent offence —

a fine of not less than 63 PU or more than 150 PU or imprisonment for 18 months; and

the court convicting the person must, in any event, order that the person be permanently disqualified from holding or obtaining a driver’s licence.

For the purposes of subsection (1), a previous conviction for an offence against subsection (2) or section 64AB, 67, 67AA or 67AD(6) is taken to be a previous offence against subsection (1).

A person who drives or attempts to drive a motor vehicle while under the influence of alcohol and a drug to such an extent as to be incapable of having proper control of the vehicle commits an offence.

for a first offence, if the person has been previously convicted of an offence against section 64 —

a fine of not less than 48 PU and not more than 113 PU; and

the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than the minimum period of disqualification that would apply if the offence were against section 64 instead of this section and the person’s blood alcohol content were above 0.14 g of alcohol per 100 ml of blood;

for a first offence, if the person has been previously convicted of an offence against section 64B(3), or offences against sections 64 and 64B(3) —

a fine of not less than 72 PU and not more than 113 PU; and

the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than the minimum period of disqualification that would apply if the offence were against section 64B(3) instead of this section and the person’s blood alcohol content were above 0.14 g of alcohol per 100 ml of blood;

for a first offence, in any other case —

a fine of not less than 41 PU or more than 113 PU; and

the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 15 months;

for a second offence —

a fine of not less than 95 PU or more than 158 PU or imprisonment for 9 months; and

the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 42 months;

for a subsequent offence —

a fine of not less than 95 PU or more than 225 PU or imprisonment for 18 months; and

the court convicting the person must, in any event, order that the person be permanently disqualified from holding or obtaining a driver’s licence.

For the purposes of subsection (2), a previous conviction for an offence against section 64AB, 67, 67AA or 67AD(6) is taken to be a previous offence against subsection (2).

A person who commits an offence against subsection (1) or (2) may be arrested without warrant.

The charging of a person with an offence against this section must not limit the operation of section 66, but the person charged must immediately be told by the person laying the charge that —

the person charged has the right to be examined by a medical practitioner nominated by them, if one is available; and

the person charged has the right to communicate with a legal practitioner and another person nominated by them,

The rights and requirements in subsection (4) do not apply unless the person is under arrest or otherwise in custody at the time of being charged.

The right in subsection (4)(a), and the requirements relating to it, do not apply if a sample of the person’s blood has been taken pursuant to section 66, 66B or 66E before the person is charged.

In any proceeding for an offence against this section a person who had at the time of the alleged offence a blood alcohol content of or above 0.15 g of alcohol per 100 ml of blood must be deemed to have been under the influence of alcohol to such an extent as to be incapable of having proper control of a motor vehicle at the time of the alleged offence.

A person charged with an offence against subsection (1) may, instead of being convicted of that offence, be convicted of —

an offence against section 64, 64AA, 64AB or 64AC; or

an offence against section 64A(1) or 64AAA(1) if, at the time of the alleged offence, the person was a person to whom section 64A(1) applied; or

an offence against section 64A(4) or 64AAA(2) if, at the time of the alleged offence, the motor vehicle concerned was a motor vehicle to which section 64A(4) applied.

A person charged with an offence against subsection (2) may, instead of being convicted of that offence, be convicted of —

an offence against subsection (1) or section 64, 64AA, 64AB, 64AC or 64B; or

an offence against section 64A(1), 64AAA(1) or 64C if, at the time of the alleged offence, the person was a person to whom section 64A(1) applied; or

an offence against section 64A(4), 64AAA(2) or 64C if, at the time of the alleged offence, the motor vehicle concerned was a motor vehicle to which section 64A(4) applied.

In any proceedings for an offence against subsection (1)(b), it is a defence for the accused to prove —

that the drugs, under the influence of which the accused is alleged or appears on the evidence to be, were —

taken by the accused pursuant to a prescription of a medical practitioner, nurse practitioner or dentist; or

administered to the accused by a medical practitioner, nurse practitioner or dentist,

that the accused was not aware, and could not reasonably have been expected to be aware, that those drugs were likely to render them incapable of having proper control of a motor vehicle.