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ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977 - SECT 19

Prescribed concentration of alcohol in blood or breath

    (1)     A person commits an offence if the person—

        (a)     has been––

              (i)     the driver of a motor vehicle on a road or road related area; or

              (ii)     the driver trainer in a motor vehicle on a road or road related area; and

        (b)     has, within the relevant period, the prescribed concentration of alcohol in the person's blood or breath.

    (2)     Strict liability applies to subsection (1).

    (3)     A person convicted of an offence against subsection (1) is punishable in accordance with section 26.

    (4)     In a proceeding for an offence against subsection (1), evidence may be given of the concentration of alcohol in the person's blood or breath based on—

        (a)     for proof of the concentration of alcohol in the person's blood or breath—an analysis of a sample of the person's breath carried out in accordance with this Act; or

        (b)     for proof of the concentration of alcohol in the person's blood—an analysis of a sample of the person's blood carried out at an approved laboratory and certified accurate by an analyst.

    (5)     In this section:

"relevant period" means the period beginning when the person ceased to be the driver of the vehicle or the driver trainer in the vehicle and ending at the latest time when—

        (a)     a breath analysis of the person could be carried out under this Act; or

        (b)     if a sample of the person's blood was taken under section 15 (Taking blood samples from people in custody) or section 15AA (Taking blood samples from people in hospital)—a sample of the person's blood could be taken under the section.



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