Northern Territory Consolidated Acts Northern Territory Consolidated Acts29AAA. Driving under influence
(1) A person commits an offence if, while under the influence of alcohol or a drug to such an extent as to be incapable of having proper control of the vehicle, the person:
(a) drives a motor vehicle; or
(b) is a driving instructor occupying a passenger seat in a vehicle for the purpose of instructing another person to drive the vehicle.
Maximum penalty: For a first offence - 10 penalty units or imprisonment for 12 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 of person mentioned in section 24(1)).
(3) If a court finds a person guilty of a relevant offence relating to the influence of a drug only, the person's licence to drive is automatically cancelled and the person is disqualified from obtaining a licence:
(a) for a first offence - for a minimum period of 6 months; or
(b) for a second or subsequent offence - for a minimum period of 12 months.
(3A) If a court finds a person guilty of a relevant offence relating to the influence of alcohol, or alcohol and a drug, but not a drug only, the person's licence to drive is 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.
(5) Evidence other than the result of a breath analysis or blood test may be given in a court to show the concentration of alcohol in a person's blood or to show that a person was or was not under the influence of alcohol or a drug.
(6) A court may find that a person was, at the relevant time, under the influence of alcohol or a drug:
(a) without there being evidence of the concentration of alcohol or a prohibited drug in the person's blood; or
(b) even though the evidence showed there was present in the person's blood a concentration of alcohol less than 0.05%.
(7) For this section, a person is taken to be under the influence of alcohol or a drug even though the effect on the person's ability to have proper control of a vehicle arises from a combination of alcohol and a drug or a combination of drugs.