Drink & Drug Driving

Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI)

Where a person drives or is in control of a motor vehicle whilst under the influence of intoxicating liquor or any drug and as a result is incapable of having proper control of the motor vehicle, commonly known as a DUI.

Penalty:
First Offence - Maximum 3 months Imprisonment and/or 25 penalty units.
Second Offence - Maximum 12 months Imprisonment and/or 120 penalty units.
Subsequent Offence - Maximum 18 months Imprisonment and/or 180 penalty units.

Driving Whilst Impaired by Drugs

Where a person drives or is in control of a motor vehicle whilst being impaired by a drug.
Penalty:
First Offence - Maximum12 penalty units and mandatory licence disqualification of not less than 3 months.
Second Offence - Maximum 12 months Imprisonment and/or 120 penalty units, mandatory licence disqualification of 6 months.
Subsequent Offence - Maximum 18 months imprisonment and/or 180 penalty units.

Driving While Exceeding the Prescribed Concentration of Alcohol

Where a person drives or is in control of a motor vehicle whilst having the prescribed concentration of alcohol or more present in their blood or breath.
Penalty: The maximum penalty depends on the amount of offences committed and the concentration of the alcohol in the person’s blood.
First offence - 12 penalty units.
Second offence - 6 months imprisonment and/or 60 penalty units if the concentration of alcohol is less than 0.15 grams per 100 millilitres of blood; or in the person’s breath was less than 0.15 grams per 210 litres of exhaled air as the case requires. 12 months imprisonment and/or 120 penalty units if the concentration of alcohol in the person’s blood was 0.15 grams or more per 100 millilitres of blood; or in the person’s breath was 0.15 grams or more per 210 litres of exhaled air as the case requires.
Subsequent offence - 12 months imprisonment and/or 120 penalty units if the concentration of alcohol in the person’s blood was less than 0.15 grams per 100 millilitres of blood; or in the person’s breath was less than 0.15 grams per 210 litres of exhaled air as the case requires.
18 months imprisonment and/or 180 penalty units if the concentration of alcohol in the person’s blood was 0.15 grams or more per 100 millilitres of blood; or in the person’s breath was 0.15 grams or more per 210 litres of exhaled air as the case requires.

Driving While Exceeding the Prescribed Concentration of Alcohol

Also known as Exceed PCA. This is where a person, within 3 hours after driving or being in charge of a motor vehicle, furnishes a sample of breath for analysis by a breath analyzing instrument and the result of the analysis shows that the prescribed concentration of alcohol or more is present in their breath and the concentration of alcohol indicated by the analysis is not due solely to the consumption of alcohol after driving or being in charge of the motor vehicle.
Penalty: The maximum penalty depends on the amount of offences committed and the concentration of the alcohol in the person’s blood.
First offence - 12 penalty units.
Second offence - 6 months imprisonment and/or 60 penalty units if the concentration of alcohol is less than 0.15 grams per 100 millilitres of blood; or in the person’s breath was less than 0.15 grams per 210 litres of exhaled air as the case requires. 12 months imprisonment and/or 120 penalty units if the concentration of alcohol in the person’s blood was 0.15 grams or more per 100 millilitres of blood; or in the person’s breath was 0.15 grams or more per 210 litres of exhaled air as the case requires.
Subsequent offence - 12 months and/or 120 penalty units if the concentration of alcohol in the person’s blood was less than 0.15 grams per 100 millilitres of blood; or in the person’s breath was less than 0.15 grams per 210 litres of exhaled air as the case requires.
18 months and/or 180 penalty units if the concentration of alcohol in the person’s blood was 0.15 grams or more per 100 millilitres of blood; or in the person’s breath was 0.15 grams or more per 210 litres of exhaled air as the case requires.

Exceed Prescribed Concentration of Drugs

Where a person drives or is in control of a motor vehicle and within 3 hours of that driving or being in control of the vehicle the person provides a sample of oral fluid which presents a prescribed illicit drug once it is analysed.
Penalty:
First Offence - 12 penalty units.
Second Offence - 60 penalty units.
Subsequent Offence - 120 penalty units.

Exceed Prescribed Concentration of Drugs (Drug Driving)

Where a person has a blood sample taken within 3 hours of driving or being in charge of a motor vehicle and the sample shows that a prescribed illicit drug was present in any concentration or the presence of alcohol above a prescribed concentration.
Penalty:
First Offence - Maximum 12 penalty units.
Second Offence - Maximum 12 months Imprisonment or 120 penalty units.
Subsequent Offence - Maximum 18 months Imprisonment or 180 penalty units.

Refuse Breath Test

Where a person refuses to undergo a preliminary breath test when required to do so.
Penalty:
First Offence - Maximum 12 penalty units.
Second Offence - Maximum 12 months Imprisonment or 120 penalty units.
Subsequent Offence - Maximum 18 months Imprisonment or 180 penalty units.

Refuse Drug Test (Drug Driving)

Where a person refuses to undergo an assessment of drug impairment when required to do so or refuses to comply with any other requirement.
Penalty:
First Offence - Maximum 12 penalty units.
Second Offence - Maximum 12 months Imprisonment or 120 penalty units.
Subsequent Offence - Maximum 18 months Imprisonment or 180 penalty units.

Refuse to Give Blood or Urine Sample (Drink Driving)

Where a person refuses to give a blood or urine sample when requested to do so.
Penalty:
First Offence - Maximum 12 penalty units.
Second Offence - Maximum 12 months Imprisonment or 120 penalty units.
Subsequent Offence - Maximum 18 months Imprisonment or 180 penalty units.

Refuse to Provide Further Sample (Drink Driving)

Where a person refuses to provide a further breath test sample when requested to do so.
Penalty:
First Offence - Maximum 12 penalty units.
Second Offence - Maximum 12 months Imprisonment or 120 penalty units.
Subsequent Offence - Maximum 18 months Imprisonment or 180 penalty units.

Refuse to Provide Oral Fluid (Drug Driving)

Where a person refuses to provide oral fluid when requested to do so.
Penalty:
First Offence - Maximum 12 penalty units.
Second Offence - Maximum 60 penalty units.
Subsequent Offence - Maximum 120 penalty units.