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ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977 - SECT 26

Fines and imprisonment—s 19 offences

    (1)     If a special driver is convicted of an offence against section 19 (1) and the convicting court finds that the concentration of alcohol in the person's blood or breath was at a level specified in column 2 of an item of table 26, the person is punishable—

        (a)     for a first offender—by the maximum penalty specified in column 3 of that item; and

        (b)     for a repeat offender—by the maximum penalty specified in column 4 of that item.

    (2)     If a person other than a special driver is convicted of an offence against section 19 (1) and the convicting court finds that the concentration of alcohol in the person's blood or breath was at level 2, 3 or 4, the person is punishable—

        (a)     for a first offender—by the maximum penalty specified in table 26, column 3 opposite the relevant level; and

        (b)     for a repeat offender—by the maximum penalty specified in table 26, column 4 opposite the relevant level.

    (3)     However, if the special driver convicted of an offence against section 19 (1) is a driver trainer, the person is not punishable by a penalty of imprisonment.

Table 26

column 1

item

column 2

alcohol concentration level

column 3

maximum penalty—first offender

column 4

maximum penalty—repeat offender

1

level 1

5 penalty units

10 penalty units

2

level 2

5 penalty units

10 penalty units

3

level 3

10 penalty units, imprisonment for 6 months or both

10 penalty units, imprisonment for 6 months or both

4

level 4

15 penalty units, imprisonment for 9 months or both

20 penalty units, imprisonment for 12 months or both



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