Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Any person who drives a motor vehicle while alcohol is present in his or her breath or blood in a concentration greater than the prescribed concentration is guilty of an offence.
(2) A person to whom, by virtue of subsection (3) or (4), this subsection applies who drives a motor vehicle while alcohol is present in his body is guilty of an offence.
(3) Subsection (2) applies to a person –
(a) who does not hold an Australian driver licence, foreign driver licence or international driving permit; or
(ab) who holds a learner licence, a provisional licence or an equivalent licence issued under the law of another Australian jurisdiction; or
(b) who is driving a prescribed vehicle; or
(c) who has, after the commencement of the Road Safety (Alcohol and Drugs) Amendment Act 1991, been convicted of–
if, as a result of the course of conduct giving rise to that crime, that person was also convicted of an offence under section 4 of this Act or this section;(i) the crime of manslaughter arising out of the driving of a motor vehicle; or
(ii) the crime of causing death by dangerous driving–
(d) who is driving under the authority of a restricted driver licence issued for a period of disqualification from driving imposed for an offence against this Act.
(3A) For the purposes of subsection (3), a person who does not hold an Australian driver licence is to be taken to hold such a licence if the person satisfies the court that he or she would, but for an unintentional failure to comply with an administrative requirement, be the holder of such a licence.
(4) Subsection (2) applies to a person if –
(a) the person has been convicted within any 10 year period of 3 or more offences under this Act arising from at least 3 separate incidents; and
(b) at least one of those offences was committed on or after 12 December 1991; and
(c) either –
(i) less than 10 years has passed since the last of those convictions was recorded; or
(ii) 10 or more years have passed since the last of those convictions was recorded and the person has not provided to the Registrar of Motor Vehicles the certificate of a registered medical practitioner or a prescribed person certifying that the person is not alcohol-dependent.
(5) If any proceedings for a prescribed offence have been commenced but not completed before the assent date, those proceedings may be continued and subsections (2) and (3)(d), as in force immediately before the assent date, continue to apply for that purpose.
(6) Nothing in this section affects a conviction for a prescribed offence.
(7) In this section –
"assent date" means the day on which the Road Safety (Alcohol and Drugs) Amendment Act 1997 received the Royal Assent;
"prescribed offence" means an offence under subsection (2) in respect of a person of a class referred to in subsection (3)(d) as in force immediately before the assent date.