Australian Capital Territory Consolidated Acts

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ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977 - SECT 19

Prescribed blood alcohol concentration exceeded

    (1)     A person who—

        (a)     has been the driver of a motor vehicle on a public street or in a public place; and

        (b)     has, within the relevant period, a concentration of alcohol in his or her blood equal to or more than the prescribed concentration;

commits an offence punishable, on conviction, by a penalty ascertained in accordance with section 26.

    (2)     In proceedings for an offence against subsection (1), evidence may be given of the concentration of alcohol in the person's blood as determined by—

        (a)     an analysis of a sample of the person's breath carried out in accordance with this Act; or

        (b)     an analysis of a sample of the person's blood carried out at an approved laboratory and certified accurate by an approved analyst; or

        (c)     any other analysis.

    (3)     In subsection (1) (b):

"relevant period" means the period beginning when the person ceased to be the driver of the vehicle and ending at the latest time when—

        (a)     a breath analysis of the person may be carried out in accordance with this Act; or

        (b)     if section 15 or section 15AA applies—a sample of the person's blood may be taken in accordance with that section.



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