New South Wales Consolidated Acts

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 11

11 Presence of higher concentration of alcohol not defence

(cf Traffic Act, s 4E (1K))

(1A) It is not a defence to a prosecution for an offence under section 9 (1A) if the defendant proves that, at the time he or she did the act referred to in section 9 (1A) (a) or (b), there was present in the defendant’s breath or blood a concentration of alcohol of 0.02 grammes or more in 210 litres of breath or 100 millilitres of blood.

(1) It is not a defence to a prosecution for an offence under section 9 (1) if the defendant proves that, at the time he or she did the act referred to in section 9 (1) (a), (b) or (c), there was present in the defendant’s breath or blood a concentration of alcohol of 0.05 grammes or more in 210 litres of breath or 100 millilitres of blood.

(2) It is not a defence to a prosecution for an offence under section 9 (2) if the defendant proves that, at the time he or she did the act referred to in section 9 (2) (a), (b) or (c), there was present in the defendant’s breath or blood a concentration of alcohol of 0.08 grammes or more in 210 litres of breath or 100 millilitres of blood.

(3) It is not a defence to a prosecution for an offence under section 9 (3) if the defendant proves that, at the time he or she did the act referred to in section 9 (3) (a), (b) or (c), there was present in the defendant’s breath or blood a concentration of alcohol of 0.15 grammes or more in 210 litres of breath or 100 millilitres of blood.