Section 64: A person who drives or attempts to drive a motor vehicle while having a blood alcohol content of or above 0.08 commits an offence.

For the purposes of this section, the person must be found with a blood alcohol content between 0.08 and 0.14.

The maximum penalty will depend on the exact blood alcohol content found in the accused person’s system, and also whether the person has any prior convictions under this section.

If the person has a blood alcohol content between 0.08 and 0.09 and it is a first offence, the maximum penalty is a fine of not less than 8 penalty units ($400), but not more than 30 penalty units ($1,500) and disqualification of the licence for not less than 3 months. If it is a second or subsequent offence, the maximum penalty is a fine of not less than16 penalty units ($800), but not more than 30 penalty units ($1,500) and disqualification of the licence for 6 months.

If the person has a blood alcohol content of or above 0.14 and it is a first offence, the maximum penalty is a fine of not less than 14 penalty units ($700), but not more than 30 penalty units ($1,500) and disqualification of the licence for not less than 6 months. If it is a third or subsequent offence, the maximum penalty is a fine of not less than 24 penalty units ($1,200), but not more than 30 penalty units ($1,500) and disqualification of the licence for not less than 14 months.

To see a table of fines and disqualification periods click here.

(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 had a blood alcohol content of or above 0.08.

As the penalties under this section depend on the measurement of blood alcohol content, the Police will also have to prove the exact blood alcohol content to dictate which penalty is appropriate.

(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’s blood alcohol content was not at or above 0.08; and
(h) Identification (ie. it was not the accused).

The matter would be heard in the Magistrate’s Court.