Driving with blood alcohol content of or above 0.08
64 Driving with blood alcohol content of or above 0.08
A person who drives or attempts to drive a motor vehicle while having a blood alcohol content of or above 0.08 g of alcohol per 100 ml of blood commits an offence, and the offender may be arrested without warrant.
If a court convicts a person of an offence against this section —
the person is liable to a fine of not less than the minimum fine or more than the maximum fine in the Table to this subsection; 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 not less than the relevant minimum period of disqualification in the Table to this subsection.
Table
Blood alcohol content (g/100 ml) | First offence | Second offence | Subsequent offence | |
|---|---|---|---|---|
≥ 0.08 | Min: | 15 PU | 32 PU | 32 PU |
≥ 0.09 | Min: | 17 PU | 34 PU | 34 PU |
≥ 0.11 | Min: | 20 PU | 36 PU | 36 PU |
≥ 0.13 | Min: | 23 PU | 48 PU | 48 PU |
≥ signifies of or above
< signifies less than
Disq signifies the minimum period of disqualification
Max signifies the maximum fine
Min signifies the minimum fine
For the purposes of the Table to subsection (2), an offence is a second or subsequent offence against this section irrespective of the blood alcohol content on the occasion of the commission of any previous offence against this section.
For the purposes of subsection (2), where a person is convicted of an offence against this section any offence previously committed by the person against section 63, 64B(3), 67 or 67AD(4) or (6) must be taken into account and be deemed to have been an offence against this section (but not to the exclusion of any other previous offence against this section) in determining whether that first‑mentioned offence is a first, second or subsequent offence.
A person charged with an offence against this section may, instead of being convicted of that offence, be convicted of —
an offence against section 64AA; 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.
[Section 64 amended: No. 71 of 1979 s. 9; No. 82 of 1982 s. 12; No. 11 of 1988 s. 24; No. 13 of 1992 s. 8; No. 50 of 1997 s. 6; No. 54 of 2006 s. 15 and 17(3) and (4); No. 39 of 2007 s. 6 and 32; No. 51 of 2010 s. 6; No. 14 of 2011 s. 6; No. 27 of 2020 s. 7.]
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