Australian Capital Territory Consolidated Acts

ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977 - SECT 26

    (1)     If a special driver is convicted of an offence against section 19 (1) and the convicting court finds that the concentration of alcohol in the person's blood was at a level specified in column 2 of an item of table 26, the person is punishable—

        (a)     for a first offender—by the maximum penalty specified in column 3 of that item; and

        (b)     for a repeat offender—by the maximum penalty specified in column 4 of that item.

    (2)     If a person other than a special driver is convicted of an offence against section 19 (1) and the convicting court finds that the concentration of alcohol in the person's blood was at level 2, 3 or 4, the person is punishable—

        (a)     for a first offender—by the maximum penalty specified in table 26, column 3 opposite the relevant level; and

        (b)     for a repeat offender—by the maximum penalty specified in table 26, column 4 opposite the relevant level.

    Table 26

column 1 item	column 2 blood alcohol concentration level	column 3 maximum penalty—first offender	column 4 maximum penalty—repeat offender
1	level 1	5 penalty units	10 penalty units
2	level 2	5 penalty units	10 penalty units
3	level 3	10 penalty units, imprisonment for 6 months or both	10 penalty units, imprisonment for 6 months or both
4	level 4	15 penalty units, imprisonment for 9 months or both	20 penalty units, imprisonment for 12 months or both