67AD

Failure to comply with drug test requirement for persons with blood alcohol content of or above 0.05

Current

(1)

In this section —

requirement means a requirement made by a police officer to a person to do one or more of the following —

(a)

allow a sample of blood to be taken under section 66B or 66E;

(b)

provide a sample of oral fluid under section 66D;

(c)

accompany the police officer to a place and to wait at that place under section 66B, 66D or 66E.

(2)

A person commits an offence if —

(a)

the person has provided a sample of their breath for analysis under section 66(2) and it appears to a police officer based on the analysis of the samples that the person has a blood alcohol content that is of or above 0.05 g of alcohol per 100 mL of blood; and

(b)

the police officer makes a requirement of the person; and

(c)

the person fails to comply with the requirement.

Penalty for this subsection:

(a)

a fine of not less than the minimum fine or more than the maximum fine in the Table; and

(b)

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
but
< 0.07

Min:
Max:
Disq:

None
38 PU
3 months

38 PU
60 PU
9 months

38 PU
60 PU
12 months

≥ 0.07

Min:
Max:
Disq:

None
38 PU
3 months

38 PU
60 PU
12 months

38 PU
60 PU
15 months

Note:

≥ signifies of or above

< signifies less than

Disq signifies the minimum period of disqualification

Max signifies the maximum fine

Min signifies the minimum fine

(3)

For the purposes of subsection (2), a previous conviction for an offence against subsection (4) or (6) or section 63, 64AB, 64B, 67 or 67AA is taken to be a previous offence against subsection (2).

(4)

A person commits an offence if —

(a)

the person has provided a sample of their breath for analysis under section 66(2) and it appears to a police officer that the person has a blood alcohol content that is of or above 0.08 g of alcohol per 100 mL of blood; and

(b)

the police officer makes a requirement of the person; and

(c)

the person fails to comply with the requirement.

Penalty for this subsection:

(a)

a fine of not less than the minimum fine or more than the maximum fine in the Table; and

(b)

Table

Blood alcohol content (g/100 ml)		First offence	Second offence	Subsequent offence
≥ 0.08 but < 0.09	Min: Max: Disq:	23 PU 68 PU 9 months	48 PU 68 PU 12 months	48 PU 68 PU 15 months
≥ 0.09 but < 0.11	Min: Max: Disq:	26 PU 68 PU 11 months	51 PU 68 PU 15 months	51 PU 68 PU 20 months
≥ 0.11 but < 0.13	Min: Max: Disq:	30 PU 68 PU 12 months	54 PU 90 PU 21 months	54 PU 90 PU 26 months
≥ 0.13	Min: Max: Disq:	35 PU 68 PU 14 months	72 PU 113 PU 27 months	72 PU 135 PU 42 months

Note:

≥ signifies of or above

< signifies less than

Disq signifies the minimum period of disqualification

Max signifies the maximum fine

Min signifies the minimum fine

(5)

For the purposes of subsection (4), a previous conviction for an offence against subsection (6) or section 63, 64AB, 64B(3), 67 or 67AA is taken to be a previous offence against subsection (4).

(6)

A person commits an offence if —

(a)

the person has provided a sample of their breath for analysis under section 66(2) and it appears to a police officer that the person has a blood alcohol content of or above 0.15 g of alcohol per 100 ml of blood; and

(b)

the police officer makes a requirement of the person; and

(c)

the person fails to comply with the requirement.

Penalty for this subsection:

(a)

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

(i)

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

(ii)

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;

(b)

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) —

(i)

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

(ii)

(c)

for a first offence, in any other case —

(i)

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

(ii)

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;

(d)

for a second offence —

(i)

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

(ii)

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;

(e)

for a subsequent offence —

(i)

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

(ii)

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

(7)

For the purposes of subsection (6), a previous conviction for an offence against section 63, 64AB, 67 or 67AA is taken to be a previous offence against subsection (6).

[Section 67AD inserted: No. 27 of 2020 s. 20.]

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