Western Australian Current Acts Western Australian Current Acts (1) A person who
drives or attempts to drive a motor vehicle —
(a)
while under the influence of alcohol to such an extent as to be incapable of
having proper control of the vehicle; or
(b)
while under the influence of drugs to such an extent as to be incapable of
having proper control of the vehicle,
[(c) deleted]
commits an offence.
Penalty for this subsection:
(a) for
a first offence, if the person has committed the offence under paragraph (a)
and has been previously convicted of an offence against section 64 —
(i)
a fine of not less than 48 PU and not more than 75 PU;
and
(ii)
the court convicting the person must, in any event, order
that the person be disqualified from holding or obtaining a driver’s
licence for a period not less than the minimum period of disqualification that
would apply if the offence were against section 64 instead of this section and
the person’s blood alcohol content were above 0.14 g of alcohol per 100
ml of blood;
(b) for
a first offence, if the person has committed the offence under paragraph (a)
and has been previously convicted of an offence against section 64B(3), or
offences against sections 64 and 64B(3) —
(i)
a fine of not less than 54 PU and not more than 75 PU;
and
(ii)
the court convicting the person must, in any event, order
that the person be disqualified from holding or obtaining a driver’s
licence for a period not less than the minimum period of disqualification that
would apply if the offence were against section 64B(3) instead of this section
and the person’s blood alcohol content were above 0.14 g of alcohol per
100 ml of blood;
(c) for
a first offence, in any other case —
(i)
a fine of not less than 34 PU or more than 75 PU; and
(ii)
the court convicting the person must, in any event, order
that the person be disqualified from holding or obtaining a driver’s
licence for a period of not less than 10 months;
(d) for
a second offence —
(i)
a fine of not less than 63 PU or more than 105 PU or
imprisonment for 9 months; and
(ii)
the court convicting the person must, in any event, order
that the person be disqualified from holding or obtaining a driver’s
licence for a period of not less than 30 months;
(e) for
a subsequent offence —
(i)
a fine of not less than 63 PU or more than 150 PU or
imprisonment for 18 months; and
(ii)
the court convicting the person must, in any event, order
that the person be permanently disqualified from holding or obtaining a
driver’s licence.
(1A) For the purposes
of subsection (1), a previous conviction for an offence against subsection (2)
or section 64AB, 67, 67AA or 67AD(6) is taken to be a previous offence against
subsection (1).
(2) A person who
drives or attempts to drive a motor vehicle while under the influence of
alcohol and a drug to such an extent as to be incapable of having proper
control of the vehicle commits an offence.
Penalty for this subsection:
(a) for
a first offence, if the person has been previously convicted of an offence
against section 64 —
(i)
a fine of not less than 48 PU and not more than 113 PU;
and
(ii)
the court convicting the person must, in any event, order
that the person be disqualified from holding or obtaining a driver’s
licence for a period of not less than the minimum period of disqualification
that would apply if the offence were against section 64 instead of this
section and the person’s blood alcohol content were above 0.14 g of
alcohol per 100 ml of blood;
(b) for
a first offence, if the person has been previously convicted of an offence
against section 64B(3), or offences against sections 64 and 64B(3) —
(i)
a fine of not less than 72 PU and not more than 113 PU;
and
(ii)
the court convicting the person must, in any event, order
that the person be disqualified from holding or obtaining a driver’s
licence for a period of not less than the minimum period of disqualification
that would apply if the offence were against section 64B(3) instead of this
section and the person’s blood alcohol content were above 0.14 g of
alcohol per 100 ml of blood;
(c) for
a first offence, in any other case —
(i)
a fine of not less than 41 PU or more than 113 PU; and
(ii)
the court convicting the person must, in any event, order
that the person be disqualified from holding or obtaining a driver’s
licence for a period of not less than 15 months;
(d) for
a second offence —
(i)
a fine of not less than 95 PU or more than 158 PU or
imprisonment for 9 months; and
(ii)
the court convicting the person must, in any event, order
that the person be disqualified from holding or obtaining a driver’s
licence for a period of not less than 42 months;
(e) for
a subsequent offence —
(i)
a fine of not less than 95 PU or more than 225 PU or
imprisonment for 18 months; and
(ii)
the court convicting the person must, in any event, order
that the person be permanently disqualified from holding or obtaining a
driver’s licence.
(3) For the purposes
of subsection (2), a previous conviction for an offence against section 64AB,
67, 67AA or 67AD(6) is taken to be a previous offence against subsection (2).
(3A) A person who
commits an offence against subsection (1) or (2) may be arrested without
warrant.
(4) The charging of a
person with an offence against this section must not limit the operation of
section 66, but the person charged must immediately be told by the person
laying the charge that —
(a) the
person charged has the right to be examined by a medical practitioner
nominated by them, if one is available; and
(b) the
person charged has the right to communicate with a legal practitioner and
another person nominated by them,
and if the person
charged desires to exercise any of those rights, every reasonable facility to
do so must be afforded them.
(4a) The rights and
requirements in subsection (4) do not apply unless the person is under arrest
or otherwise in custody at the time of being charged.
(4b) The right in
subsection (4)(a), and the requirements relating to it, do not apply if a
sample of the person’s blood has been taken pursuant to section 66, 66B
or 66E before the person is charged.
(5) In any proceeding
for an offence against this section a person who had at the time of the
alleged offence a blood alcohol content of or above 0.15 g of alcohol per 100
ml of blood must be deemed to have been under the influence of alcohol to such
an extent as to be incapable of having proper control of a motor vehicle at
the time of the alleged offence.
(6) A person charged
with an offence against subsection (1) may, instead of being convicted of that
offence, be convicted of —
(a) an
offence against section 64, 64AA, 64AB or 64AC; or
(b) an
offence against section 64A(1) or 64AAA(1) if, at the time of the alleged
offence, the person was a person to whom section 64A(1) applied; or
(c) an
offence against section 64A(4) or 64AAA(2) if, at the time of the alleged
offence, the motor vehicle concerned was a motor vehicle to which
section 64A(4) applied.
(6A) A person charged
with an offence against subsection (2) may, instead of being convicted of that
offence, be convicted of —
(a) an
offence against subsection (1) or section 64, 64AA, 64AB, 64AC or 64B; or
(b) an
offence against section 64A(1), 64AAA(1) or 64C if, at the time of the alleged
offence, the person was a person to whom section 64A(1) applied; or
(c) an
offence against section 64A(4), 64AAA(2) or 64C if, at the time of the alleged
offence, the motor vehicle concerned was a motor vehicle to which
section 64A(4) applied.
(7) In any proceedings
for an offence against subsection (1)(b), it is a defence for the accused to
prove —
(a) that
the drugs, under the influence of which the accused is alleged or appears on
the evidence to be, were —
(i)
taken by the accused pursuant to a prescription of a
medical practitioner, nurse practitioner or dentist; or
(ii)
administered to the accused by a medical practitioner,
nurse practitioner or dentist,
for therapeutic
purposes; and
(b) that
the accused was not aware, and could not reasonably have been expected to be
aware, that those drugs were likely to render them incapable of having proper
control of a motor vehicle.
[Section 63 amended: No. 82 of 1982 s. 11; No. 11
of 1988 s. 24; No. 13 of 1992 s. 7; No. 50 of 1997 s. 13; No. 9 of 2003 s. 54;
No. 50 of 2003 s. 92(2); No. 84 of 2004 s. 82; No. 50 of 2006 Sch. 3 cl.
20(2); No. 54 of 2006 s. 14 and 17(3) and (4); No. 6 of 2007 s. 5; No. 39 of
2007 s. 5 and 31; No. 35 of 2010 s. 151; No. 14 of 2011 s. 5; No. 2 of 2015 s.
6; No. 27 of 2020 s. 6.]