ROAD TRAFFIC ACT 1974 - SECT 64B
ROAD TRAFFIC ACT 1974 - SECT 64B
64B . Driving with blood alcohol content of or above 0.05 with prescribed illicit drug in oral fluid or blood
(1) A person commits
an offence if the person drives or attempts to drive a motor vehicle while
—
(a) a
prescribed illicit drug is present in the person’s oral fluid or blood;
and
(b) the
person has a blood alcohol content of or above 0.05 g of alcohol per 100 ml of
blood.
Penalty for this subsection:
(a) a
fine of not less than the minimum fine or more than the maximum fine in the
Table; 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 minimum period of disqualification in the Table.
Table
|
Blood alcohol content | |
First offence |
Second offence |
Subsequent offence |
|---|---|---|---|---|
|
≥ 0.05 |
Min: |
None |
38 PU |
38 PU |
|
≥ 0.07 |
Min: |
None |
45 PU |
45 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
(2) For the purposes
of subsection (1), a previous conviction for an offence against subsection (3)
or section 63, 64, 64AA, 64AB, 64AC, 67, 67AA or 67AD is taken to be a
previous offence against subsection (1).
(3) A person commits
an offence if the person drives or attempts to drive a motor vehicle while
—
(a) a
prescribed illicit drug is present in the person’s oral fluid or blood;
and
(b) the
person has a blood alcohol content of or above 0.08 g of alcohol per 100 ml of
blood.
Penalty for this subsection:
(a) a
fine of not less than the minimum fine or more than the maximum fine in the
Table; 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 minimum period of disqualification in the Table.
Table
|
Blood alcohol content | |
First offence |
Second offence |
Subsequent offence |
|---|---|---|---|---|
|
≥ 0.08 |
Min: |
23 PU |
48 PU |
48 PU |
|
≥ 0.09 |
Min: |
26 PU |
51 PU |
51 PU |
|
≥ 0.11 |
Min: |
30 PU |
54 PU |
54 PU |
|
≥ 0.13 |
Min: |
35 PU |
72 PU |
72 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
(4) For the purposes
of subsection (3), a previous conviction for an offence against section 63,
64, 64AB, 67, 67AA or 67AD(4) or (6) is taken to be a previous offence against
subsection (3).
(5) For the purposes
of subsections (1) and (3), an offence is a second or subsequent offence
against this section irrespective of the blood alcohol content on the occasion
of the conviction of any previous offence against this section.
(6) A person who
commits an offence against subsection (1) or (3) may be arrested without
warrant.
(7) A person charged
with an offence against subsection (1) or (3) may, instead of being convicted
of that offence, be convicted of an offence against —
(a)
section 64, 64AA or 64AC; or
(b)
section 64A(1), 64AAA(1) or 64C if, at the time of the alleged offence, the
person was a person to whom section 64A(1) applied; or
(c)
section 64A(4), 64AAA(2) or 64C if, at the time of the alleged offence, the
motor vehicle concerned was a motor vehicle to which section 64A(4) applied.
(8) A person charged
with an offence against subsection (3) may, instead of being convicted of that
offence, be convicted of an offence against subsection (1).
[Section 64B inserted: No. 27 of 2020 s. 13.]