New South Wales Consolidated Acts

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 12

12 Use or attempted use of a vehicle under the influence of alcohol or any other drug

(cf Traffic Act, s 5 (2) and (2A))

(1) A person must not, while under the influence of alcohol or any other drug:

(a) drive a vehicle, or

(b) occupy the driving seat of a vehicle and attempt to put the vehicle in motion, or

(c) being the holder of a driver licence (other than a provisional licence or a learner licence), occupy the seat in or on a motor vehicle next to a holder of a learner licence who is driving the motor vehicle.

Maximum penalty:

(a) in the case of a first offence to which paragraph (a) or (b) relates-20 penalty units or imprisonment for 9 months, or both, or

(b) in the case of a second or subsequent offence to which paragraph (a) or (b) relates-30 penalty units or imprisonment for 12 months, or both, or

(c) in the case of an offence to which paragraph (c) relates-20 penalty units.

(2) If a person is charged with an offence under subsection (1):

(a) the information may allege the person was under the influence of more than one drug and is not liable to be dismissed on the ground of uncertainty or duplicity if each of those drugs is described in the information, and

(b) the offence is proved if the court is satisfied beyond reasonable doubt that the defendant was under the influence of:

(i) a drug described in the information, or

(ii) a combination of drugs any one or more of which was or were described in the information.

Note: Division 3 of Part 3 of the Road Transport (General) Act 1999 provides for the disqualification of persons from holding driver licences for certain offences (including offences under this section).