Western Australian Current Acts Western Australian Current Acts (1) A person to whom
section 64A(1) applies who drives or attempts to drive a motor vehicle while
having any blood alcohol content commits an offence.
Penalty for this subsection: a fine of not less
than 8 PU or more than 15 PU.
(2) A person who
drives or attempts to drive a motor vehicle to which section 64A(4) applies
while having any blood alcohol content commits an offence.
Penalty for this subsection: a fine of not less
than 8 PU or more than 15 PU.
(2A) Subsection (2)
does not apply to a person who drives or attempts to drive a motor vehicle
described in section 64A(5)(a) or (d) if the person —
(a) is a
person of a class prescribed by the regulations for the purposes of this
paragraph; and
(b) is
driving or attempting to drive the vehicle in the course of responding to an
incident as defined in the Fire and Emergency Services Act 1998 section 3.
(3) It is a defence to
a charge of an offence against subsection (1) or (2) for the accused to prove
that the accused’s blood alcohol content was not to any extent caused by
any of the following —
(a) the
consumption of an alcoholic beverage (otherwise than for the purposes of
religious observance);
(b) the
consumption or use of any other substance (for example, food or medicine) for
the purpose of consuming alcohol.
[Section 64AAA inserted: No. 14 of 2011 s. 9;
amended: No. 22 of 2012 s. 139; No. 27 of 2020 s. 10.]