ROAD TRAFFIC ACT 1974 - SECT 64
ROAD TRAFFIC ACT 1974 - SECT 64
64 . Driving with blood alcohol content of or above 0.08
(1) A person who
drives or attempts to drive a motor vehicle while having a blood alcohol
content of or above 0.08 g of alcohol per 100 ml of blood commits an offence,
and the offender may be arrested without warrant.
(2) If a court
convicts a person of an offence against this section —
(a) the
person is liable to a fine of not less than the minimum fine or more than the
maximum fine in the Table to this subsection; and
(b) the
court convicting the person must, in any event, order that the person be
disqualified from holding or obtaining a driver’s licence for not less
than the relevant minimum period of disqualification in the Table to this
subsection.
Table
|
Blood alcohol content | |
First offence |
Second offence |
Subsequent offence |
|---|---|---|---|---|
|
≥ 0.08 |
Min: |
15 PU |
32 PU |
32 PU |
|
≥ 0.09 |
Min: |
17 PU |
34 PU |
34 PU |
|
≥ 0.11 |
Min: |
20 PU |
36 PU |
36 PU |
|
≥ 0.13 |
Min: |
23 PU |
48 PU |
48 PU |
Note: ≥
signifies of or above
< signifies less
than
Disq signifies the
minimum period of disqualification
Max signifies the
maximum fine
Min signifies the
minimum fine
(2a) For the purposes
of the Table to subsection (2), an offence is a second or subsequent offence
against this section irrespective of the blood alcohol content on the occasion
of the commission of any previous offence against this section.
(3) For the purposes
of subsection (2), where a person is convicted of an offence against this
section any offence previously committed by the person against section 63,
64B(3), 67 or 67AD(4) or (6) must 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 or subsequent offence.
(4) A person charged
with an offence against this section may, instead of being convicted of that
offence, be convicted of —
(a) an
offence against section 64AA; or
(b) an
offence against section 64A(1) or 64AAA(1) if, at the time of the alleged
offence, the person was a person to whom section 64A(1) applied; or
(c) an
offence against section 64A(4) or 64AAA(2) if, at the time of the alleged
offence, the motor vehicle concerned was a motor vehicle to which
section 64A(4) applied.
[Section 64 amended: No. 71 of 1979 s. 9; No. 82
of 1982 s. 12; No. 11 of 1988 s. 24; No. 13 of 1992 s. 8; No. 50 of 1997 s. 6;
No. 54 of 2006 s. 15 and 17(3) and (4); No. 39 of 2007 s. 6 and 32; No. 51 of
2010 s. 6; No. 14 of 2011 s. 6; No. 27 of 2020 s. 7.]