Section 63: A person who drives or attempts to drive a motor vehicle while under the influence of drugs and/or alcohol, to such an extent as to be incapable of having proper control of the vehicle, commits an offence and may be arrested without a warrant.

If it is the accused person’s first offence, the maximum penalty is not less that 16 penalty units ($800) and not more than 50 penalty units ($2,500) and disqualification of the licence for not less than 6 months.

If it is the accused person’s first offence under this section, but they have previously been convicted for driving with a blood alcohol content of or above 0.08, the maximum penalty is the minimum fine which would be received if they were again charged with driving with a blood alcohol content of or above 0.08, but the fine must not exceed 50 penalty units ($2,500). There will also be a disqualification of the licence for a period as though they have again been charged with driving with a blood alcohol content of or above 0.08.

To see table of fines and disqualification periods click here.

If it is the accused person’s second offence under this section, the maximum penalty is a fine of not less that 30 penalty units ($1,500), but not more than 70 penalty units ($3,500) or to imprisonment for 9 months. There is also an immediate disqualification of the licence for not less than 2 years.

If it is the accused person’s third or subsequent offence under this section, the maximum penalty is a fine of not less than 40 penalty units ($2,000) and not more than 100 penalty units ($5,000) or to imprisonment for 18 months. There is also immediate and permanent disqualification of the licence.

It is important to note that if a person has a previous conviction for driving while impaired by drugs or failing to comply with a requirement as to a driver assessment or providing blood or urine sample for analysis, these convictions will be taken as an offence against this section and will therefore effect whether it is a first or subsequent offence.

(1) That the accused was driving or attempting to drive a motor vehicle;
(2) That the accused was driving or attempting to drive on a road or other place with public access; and
(3) That the accused was under the influence of drugs or alcohol or both to such an extent as to be incapable of controlling the vehicle.

There is no actual specified blood alcohol content for this section, however if a person has a blood alcohol content of or above 0.15 they are deemed to have been incapable of controlling the vehicle.

(a) Duress;
(b) Emergency;
(c) Necessity;
(d) Insanity;
(e) The accused was not driving or attempting to drive a motor vehicle;
(f) The vehicle has not a motor vehicle;
(g) The accused was not under the influence of drugs or alcohol;
(h) The drugs were taken pursuant to a prescription by a medical practitioner; nurse or registered dentist and the person could not have been reasonably aware that the drugs would render him incapable of controlling a vehicle; and
(i) Identification (ie. It was not the accused).

The matter would be heard in the Magistrates Court.