Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated ActsIf a person charged with an offence against section 19 was the driver of the motor vehicle only for the reason that the person was in, and in charge of, a motor vehicle on a public street in a public place, it is a defence if the person charged establishes that—
(a) the person had not started, or attempted to start, the motor vehicle and had not put, or attempted to put, the motor vehicle in motion; and
(b) the person did not intend to drive the motor vehicle until a time when the concentration of alcohol in his or her blood would be less than a concentration equal to the prescribed concentration.