Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person who,
being a novice driver, drives or attempts to drive a motor vehicle while
having any blood alcohol content commits an offence.
Penalty: Not less than 2 PU or more than
6 PU.
(2) In
subsection (1) —
novice driver has the same meaning as it has in
section 104(2).
(3) It is a defence to
a charge of an offence under subsection (1) for the accused to prove that the
accused’s blood alcohol content was not to any extent caused by any of
the following:
(a) the
consumption of an alcoholic beverage (otherwise than for the purposes of
religious observance);
(b) the
consumption or use of any other substance (for example, food or medicine) for
the purpose of consuming alcohol.
[Section 64AAA inserted by No. 39 of 2007
s. 35.]