Northern Territory Consolidated Acts Northern Territory Consolidated Acts22. Medium range blood alcohol content
(1) A person who drives a motor vehicle with a medium range blood alcohol content commits an offence.
Maximum penalty: For a first offence - 7.5 penalty units or imprisonment for 6 months.
For a second or subsequent offence -20 penalty units or imprisonment for 12 months.
(2) An offence against subsection (1) (a relevant offence ) is a second or subsequent offence if the person has previously been found guilty of any of the following offences:
(a) driving with:
(i) a high range blood alcohol content; or
(ii) a medium range blood alcohol content;
(b) driving under the influence of alcohol or a drug;
(c) failing to provide a sufficient sample of breath for a breath analysis;
(d) failing to give a sample of blood for analysis;
(e) driving with alcohol in the blood (if the person, at the time of the previous offence, was of a class mentioned in section 24(1)).
(3) If a court finds a person guilty of a relevant offence, the person's licence to drive is automatically cancelled and the person is disqualified from:
(a) for a first offence - obtaining a licence for a period that is at least 6 months; and
(b) for a second or subsequent offence:
(i) obtaining a licence for a period ( mandatory period ) that is at least 12 months; and
(ii) if the mandatory period is less than 5 years - obtaining a licence other than an AIL licence for an additional period ( AIL period ) immediately after the mandatory period that is at least 12 months and not more than 3 years.
Notes
1 This means the person may be able to drive a motor vehicle fitted with an alcohol ignition lock during the AIL period after being disqualified for the mandatory period (see sections 29AAYB and 29AAYC).
2 If the mandatory period is 5 years or more, no AIL period applies to the person and the person cannot obtain an AIL licence.
(4) A relevant offence that is a second or subsequent offence is an immediate suspension offence.