Driving with blood alcohol content of or above 0.05 with prescribed illicit drug in oral fluid or blood
64B Driving with blood alcohol content of or above 0.05 with prescribed illicit drug in oral fluid or blood
A person commits an offence if the person drives or attempts to drive a motor vehicle while —
a prescribed illicit drug is present in the person’s oral fluid or blood; and
the person has a blood alcohol content of or above 0.05 g of alcohol per 100 ml of blood.
Penalty for this subsection:
a fine of not less than the minimum fine or more than the maximum fine in the Table; 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 minimum period of disqualification in the Table.
Table
Blood alcohol content (g/100 ml) | First offence | Second offence | Subsequent offence | |
|---|---|---|---|---|
≥ 0.05 | Min: | None | 38 PU | 38 PU |
≥ 0.07 | Min: | None | 45 PU | 45 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 subsection (1), a previous conviction for an offence against subsection (3) or section 63, 64, 64AA, 64AB, 64AC, 67, 67AA or 67AD is taken to be a previous offence against subsection (1).
A person commits an offence if the person drives or attempts to drive a motor vehicle while —
a prescribed illicit drug is present in the person’s oral fluid or blood; and
the person has a blood alcohol content of or above 0.08 g of alcohol per 100 ml of blood.
Penalty for this subsection:
a fine of not less than the minimum fine or more than the maximum fine in the Table; 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 minimum period of disqualification in the Table.
Table
Blood alcohol content (g/100 ml) | First offence | Second offence | Subsequent offence | |
|---|---|---|---|---|
≥ 0.08 | Min: | 23 PU | 48 PU | 48 PU |
≥ 0.09 | Min: | 26 PU | 51 PU | 51 PU |
≥ 0.11 | Min: | 30 PU | 54 PU | 54 PU |
≥ 0.13 | Min: | 35 PU | 72 PU | 72 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 subsection (3), a previous conviction for an offence against section 63, 64, 64AB, 67, 67AA or 67AD(4) or (6) is taken to be a previous offence against subsection (3).
For the purposes of subsections (1) and (3), an offence is a second or subsequent offence against this section irrespective of the blood alcohol content on the occasion of the conviction of any previous offence against this section.
A person who commits an offence against subsection (1) or (3) may be arrested without warrant.
A person charged with an offence against subsection (1) or (3) may, instead of being convicted of that offence, be convicted of an offence against —
section 64, 64AA or 64AC; or
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
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.
A person charged with an offence against subsection (3) may, instead of being convicted of that offence, be convicted of an offence against subsection (1).
[Section 64B inserted: No. 27 of 2020 s. 13.]
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