Australian Capital Territory Current Acts

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

    (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.

Maximum penalty:

        (a)     for a first offender—the penalty mentioned in table 19, column 3 for the concentration of alcohol at a level specified in column 2; or

        (b)     for a repeat offender—the penalty mentioned in table 19, column 4 for the concentration of alcohol at a level specified in column 2.

Note     A person other than a special driver does not commit an offence against s (1) if the concentration of alcohol in the person's blood or breath is at level 1 (see s 4C and s 4E).

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

    (3)     A driver trainer convicted of an offence against subsection (1) is not punishable by imprisonment.

    (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.

Table 19

column 1 item	column 2 alcohol concentration level	column 3 maximum penalty—first offender	column 4 maximum penalty—repeat offender
1	level 1	25 penalty units	50 penalty units, imprisonment for 6 months or both
2	level 2	25 penalty units	50 penalty units, imprisonment for 6 months or both
3	level 3	50 penalty units, imprisonment for 6 months or both	100 penalty units, imprisonment for 12 months or both
4	level 4	75 penalty units, imprisonment for 9 months or both	150 penalty units, imprisonment for 18 months or both