Evidence of blood alcohol content for particular offences
71 Evidence of blood alcohol content for particular offences
In any proceeding for an offence against section 62B the instructor is, in the absence of proof to the contrary, taken to have a particular blood alcohol content at the time of the driving instruction if it is proved that the instructor had the blood alcohol content —
in the case where the sample was taken under section 66(8B), at any time within 12 hours after the time that the instructor was providing the instruction; or
in any other case, at any time within 4 hours after the time that the instructor was providing the instruction.
In any proceeding for an offence against section 63, 64, 64AA, 64A, 64AAA, 64B, 64C, 67AC or 67AD the person charged is, in the absence of proof to the contrary, taken to have a particular blood alcohol content at the time of the driving or attempted driving if it is proved that the person had the blood alcohol content —
in the case where the sample was taken under section 66(8B), at any time within 12 hours after the driving or attempted driving; or
in any other case, at any time within 4 hours after the driving or attempted driving.
[Section 71 inserted: No. 20 of 2019 s. 4; amended: No. 27 of 2020 s. 30.]
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