Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A person who drives a motor vehicle on a road or road related area while under the influence of intoxicating liquor or of a drug to such an extent as to be incapable of having proper control of the motor vehicle commits an offence.
Maximum penalty: 30 penalty units.
(2) A charge for an offence against subsection (1) is not open to objection on the ground only that it alleges that the person charged was under the influence of intoxicating liquor or of a drug and on the hearing of such a charge—
(a) evidence that the person was under the influence of intoxicating liquor or of a drug or of intoxicating liquor and a drug is admissible; and
(b) if the evidence establishes that the person was under the influence either of intoxicating liquor, of a drug or both intoxicating liquor and a drug, the person may be convicted of the offence.
(3) If—
(a) a person is charged with an offence against subsection (1); and
(b) the charge is made only for the reason that the person was in, and in charge of, the motor vehicle on a road or road related area;
it is a defence if the person charged establishes that—
(c) the person had not started, or attempted to start, the engine of the motor vehicle and had not put, or attempted to put, the motor vehicle in motion; and
(d) the person did not intend to drive the motor vehicle while under the influence of intoxicating liquor, of the drug or both.