Queensland Consolidated Acts

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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 79A

When is a person over the limit

79A When is a person over the limit

(1) For this Act, a person is over the
"no alcohol limit" if—
(a) the concentration of alcohol in the person’s blood is more than 0mg of alcohol in 100mL of blood; or
(b) the concentration of alcohol in the person’s breath is more than 0g of alcohol in 210L of breath.
(2) For this Act, a person is over the
"general alcohol limit" if—
(a) the concentration of alcohol in the person’s blood is, or is more than, 50mg of alcohol in 100mL of blood; or
(b) the concentration of alcohol in the person’s breath is, or is more than, 0.050g of alcohol in 210L of breath.
(2A) For this Act, a person is over the
"middle alcohol limit" if—
(a) the concentration of alcohol in the person’s blood is, or is more than, 100mg of alcohol in 100mL of blood; or
(b) the concentration of alcohol in the person’s breath is, or is more than, 0.100g of alcohol in 210L of breath.
(3) For this Act, a person is over the
"high alcohol limit" if—
(a) the concentration of alcohol in the person’s blood is, or is more than, 150mg of alcohol in 100mL of blood; or
(b) the concentration of alcohol in the person’s breath is, or is more than, 0.150g of alcohol in 210L of breath.
(4) For this Act—
(a) the concentration of alcohol in a person’s blood may be expressed as—
(i) a stated number of milligrams of alcohol in 100mL of blood; or
(ii) a percentage that expresses the stated number of milligrams of alcohol in 100mL of blood; and
(b) the concentration of alcohol in a person’s breath may be expressed as—
(i) a stated number of grams of alcohol in 210L of breath; or
(ii) a stated number of grams in 210L.
Examples for subsection (4)—
1 The concentration of alcohol in a person’s blood may be expressed as 63mg of alcohol in 100mL of blood or as 0.063%.
2 The concentration of alcohol in a person’s breath may be expressed as 0.063g of alcohol in 210L of breath or as 0.063g/210L.



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