Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person who
drives or attempts to drive a motor vehicle while under the influence of
alcohol, drugs, or alcohol and drugs to such an extent as to be incapable of
having proper control of the vehicle commits an offence, and the offender may
be arrested without warrant.
(2) A person convicted
of an offence against this section is liable —
(a) for
a first offence —
(i)
if the person has been previously convicted of an offence
against section 64, to a fine of —
(I) not less than the minimum fine that
would apply if the offence were against that section instead of this section;
and
(II) not more than 50
PU,
and, in any event, the
court convicting that person shall order that the person be disqualified from
holding or obtaining a driver’s licence for a period of not less than
the minimum period of disqualification that would apply if the offence were
against that section instead of this section;
(ii)
in any other case, to a fine of not less than 16 PU or
more than 50 PU; and, in any event, the court convicting that person shall
order that the person be disqualified from holding or obtaining a
driver’s licence for a period of not less than 6 months;
(b) for
a second offence, to a fine of not less than 30 PU or more than 70 PU or
to imprisonment for 9 months; and, in any event, the court convicting
that person shall order that he be disqualified from holding or obtaining a
driver’s licence for a period of not less than 2 years; and
(c) for
a third or subsequent offence, to a fine of not less than 40 PU or more than
100 PU or to imprisonment for 18 months; and, in any event, the court
convicting that person shall order that he be permanently disqualified from
holding or obtaining a driver’s licence.
(3) For the purposes
of subsection (2), where a person is convicted of an offence against this
section any offence previously committed by him against section 64AB or
67AA or section 67 as in force after the coming into operation of
section 16 of the Road Traffic Amendment Act (No. 2) 1982 1 shall be
taken into account and be deemed to have been an offence against this section
(but not to the exclusion of any other previous offence against this section)
in determining whether that first-mentioned offence is a first, second, third
or subsequent offence.
(4) The charging of a
person with an offence against this section shall not limit the operation of
section 66, but the person charged shall immediately be told by the
person laying the charge that —
(a) he
has the right to be examined by a medical practitioner nominated by him, if
one is available; and
(b) he
has the right to communicate with a legal practitioner and another person
nominated by him,
and if he desires to
exercise any of those rights, every reasonable facility to do so shall be
afforded him.
(4a) The rights and
requirements in subsection (4) do not apply unless the person is under
arrest or otherwise in custody at the time of being charged.
(4b) The right in
subsection (4)(a), and the requirements relating to it, do not apply if a
sample of the person’s blood has been taken pursuant to section 66,
66B or 66E before the person is charged.
(5) In any proceeding
for an offence against this section a person who had at the time of the
alleged offence a blood alcohol content of or above 0.15g of alcohol per 100ml
of blood shall be deemed to have been under the influence of alcohol to such
an extent as to be incapable of having proper control of a motor vehicle at
the time of the alleged offence.
(6) A person charged
with an offence against this section may, instead of being convicted of that
offence, be convicted of an offence against section 64, 64AA, 64AB or
64AC or, where, at the time of the alleged offence, he was a person to whom
section 64A(1) or 64AAA applied, an offence against section 64A(1)
or 64AAA.
(7) In any proceedings
for an offence against this section if it is alleged or appears on the
evidence that the accused was under the influence of drugs alone, it is a
defence for the accused to prove —
(a) that
those drugs were —
(i)
taken by him pursuant to a prescription of a medical
practitioner, nurse practitioner registered under the
Nurses and Midwives Act 2006 , or registered dentist; or
(ii)
administered to him by a medical practitioner, nurse
practitioner registered under the Nurses and Midwives Act 2006 , or registered
dentist,
for therapeutic
purposes; and
(b) that
he was not aware, and could not reasonably have been expected to be aware,
that those drugs were likely to render him incapable of having proper control
of a motor vehicle.
[Section 63 amended by No. 82 of 1982
s. 11; No. 11 of 1988 s. 24; No. 13 of 1992 s. 7;
No. 50 of 1997 s. 13; No. 9 of 2003 s. 54; No. 50 of
2003 s. 92(2); No. 84 of 2004 s. 82; No. 50 of 2006
s. 114; No. 54 of 2006 s. 14 and 17(3) and (4); No. 6 of 2007
s. 5; No. 39 of 2007 s. 5 and 31.]