70Alternative verdicts—high level of alcohol

70 Alternative verdicts—high level of alcohol section 65 (High level of alcohol) if the trier of fact is satisfied that, within the relevant period, the concentration of the alcohol in the person’s blood or breath was at a low level or medium level but not at a high level. (2) The trier of fact may find the person guilty of an offence mentioned in subsection (3) if the Court gives procedural fairness to the person before the finding of guilt.

(3) The offences for which a person may be found guilty are— (a) if the concentration was at a low level—section 63 (Low level of alcohol); or (b) if the concentration was at a medium level—section 64 (Medium level of alcohol).