Northern Territory Consolidated Acts

TRAFFIC ACT - SECT 24

(1) This section applies to the following persons:

(a) a person who has not reached the age of 18 years;

(b) the holder of a learner licence when driving a vehicle of the class to which the learner licence relates;

(c) the holder of a licence that is provisional under section 42 or section 10A of the Motor Vehicles Act ;

(d) a person who is not licensed to drive a motor vehicle (other than through failure to renew a licence);

(e) a person who is not a resident of the Territory who does not have a right under section 32(1) to drive in the Territory.

(2) The person must not drive a motor vehicle if the person's blood contains alcohol.

Maximum penalty: For a first offence - 5 penalty units or imprisonment for 3 months.

For a second or subsequent offence -7.5 penalty units or imprisonment for 6 months.

(3) An offence against subsection (2) (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; or

(iii) a low range blood alcohol content (only if the previous offence was committed after 1 July 2007 and only if the previous offence was committed within 3 years before committing the relevant offence);

(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 subsection (1));

(f) driving with alcohol in the blood (if the person, at the time of the previous offence, was of a class mentioned in section 25(1) or (2) and only if the previous offence was committed within 3 years before committing the relevant offence).

(4) For subsection (3)(a)(iii), (e) and (f), an offence for which an infringement notice was issued and not withdrawn is taken to be a previous finding of guilt for the offence.

(5) 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 3 months; and

(b) for a second or subsequent offence:

(i) obtaining a licence for a period ( mandatory period ) that is at least 6 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 6 months and not more than 3 years.

(6) A relevant offence that is a second or subsequent offence is an immediate suspension offence.