(1) In this section
—
requirement means a requirement made by a police
officer to a person to do one or more of the following —
(a)
allow a sample of blood to be taken under section 66B or 66E;
(b)
provide a sample of oral fluid under section 66D;
(c)
accompany the police officer to a place and to wait at that place under
section 66B, 66D or 66E.
(2) A person commits
an offence if —
(a) the
person has provided a sample of their breath for analysis under section 66(2)
and it appears to a police officer based on the analysis of the samples that
the person has a blood alcohol content that is of or above 0.05 g of alcohol
per 100 mL of blood; and
(b) the
police officer makes a requirement of the person; and
(c) the
person fails to comply with the requirement.
Penalty for this subsection:
(a) a
fine of not less than the minimum fine or more than the maximum fine in the
Table; and
(b) the
court convicting the person must, in any event, order that the person be
disqualified from holding or obtaining a driver’s licence for not less
than the minimum period of disqualification in the Table.
Table
Blood alcohol content | |
First offence |
Second offence |
Subsequent offence |
---|---|---|---|---|
≥ 0.05 |
Min: |
None |
38 PU |
38 PU |
≥ 0.07 |
Min: |
None |
38 PU |
38 PU |
Note: ≥
signifies of or above
< signifies less
than
Disq signifies the
minimum period of disqualification
Max signifies the
maximum fine
Min signifies the
minimum fine
(3) For the purposes
of subsection (2), a previous conviction for an offence against subsection (4)
or (6) or section 63, 64AB, 64B, 67 or 67AA is taken to be a previous offence
against subsection (2).
(4) A person commits
an offence if —
(a) the
person has provided a sample of their breath for analysis under section 66(2)
and it appears to a police officer that the person has a blood alcohol content
that is of or above 0.08 g of alcohol per 100 mL of blood; and
(b) the
police officer makes a requirement of the person; and
(c) the
person fails to comply with the requirement.
Penalty for this subsection:
(a) a
fine of not less than the minimum fine or more than the maximum fine in the
Table; and
(b) the
court convicting the person must, in any event, order that the person be
disqualified from holding or obtaining a driver’s licence for not less
than the minimum period of disqualification in the Table.
Table
Blood alcohol content | |
First offence |
Second offence |
Subsequent offence |
---|---|---|---|---|
≥ 0.08 |
Min: |
23 PU |
48 PU |
48 PU |
≥ 0.09 |
Min: |
26 PU |
51 PU |
51 PU |
≥ 0.11 |
Min: |
30 PU |
54 PU |
54 PU |
≥ 0.13 |
Min: |
35 PU |
72 PU |
72 PU |
Note: ≥
signifies of or above
< signifies less
than
Disq signifies the
minimum period of disqualification
Max signifies the
maximum fine
Min signifies the
minimum fine
(5) For the purposes
of subsection (4), a previous conviction for an offence against subsection (6)
or section 63, 64AB, 64B(3), 67 or 67AA is taken to be a previous offence
against subsection (4).
(6) A person commits
an offence if —
(a) the
person has provided a sample of their breath for analysis under section 66(2)
and it appears to a police officer that the person has a blood alcohol content
of or above 0.15 g of alcohol per 100 ml of blood; and
(b) the
police officer makes a requirement of the person; and
(c) the
person fails to comply with the requirement.
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;
(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;
(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.
(7) For the purposes
of subsection (6), a previous conviction for an offence against section 63,
64AB, 67 or 67AA is taken to be a previous offence against subsection (6).
[Section 67AD inserted: No. 27 of 2020 s. 20.]