6Driving with excessive concentration of breath or blood alcohol

### 6 Driving with excessive concentration of breath or blood alcohol > > (1)  [*\[Section 6 Subsection (1) amended by No. 28 of 2005, s. 7, Applied:01 Feb 2006\]*](/view/html/inforce/2006-02-01/act-2005-028#GS7@EN) Any person who drives a motor vehicle while alcohol is present in his or her breath or blood in a concentration greater than the prescribed concentration is guilty of an offence. > > > (2)  [*\[Section 6 Subsection (2) amended by No. 68 of 1997, s. 6, Applied:01 Feb 1997\]*](/view/html/inforce/1997-02-01/act-1997-068#GS6@Gs1@Hpa@EN) *\[Section 6 Subsection (2) substituted by No. 94 of 1975, s. 5 \]*A person to whom, by virtue of [subsection (3)](#GS6@Gs3@EN) or [(4)](#GS6@Gs4@EN) , this subsection applies who drives a motor vehicle while alcohol is present in his body is guilty of an offence. > > > (3)  *\[Section 6 Subsection (3) substituted by No. 51 of 1977, s. 2 \]**\[Section 6 Subsection (3) substituted by No. 44 of 1991, s. 6 \]* [Subsection (2)](#GS6@Gs2@EN) applies to a person – > > > > > > (a) [*\[Section 6 Subsection (3) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja21@GC3@Hpd@EN) who does not hold an Australian driver licence, foreign driver licence or international driving permit; or > > > > > > > (ab) [*\[Section 6 Subsection (3) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja21@GC3@Hpd@EN) who holds a learner licence, a provisional licence or an equivalent licence issued under the law of another Australian jurisdiction; or > > > > > > > (ac) [*\[Section 6 Subsection (3) amended by No. 38 of 2017, s. 10, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS10@Hpa@EN) who is driving under the authority of an Australian driver licence that requires the holder of the licence to have no alcohol present in his or her body while driving a motor vehicle; or > > > > > > > (b) [*\[Section 6 Subsection (3) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000\]*](/view/html/inforce/2000-06-26/act-1997-053#JS1@Ja4@GC2@EN) who is driving a prescribed vehicle; or > > > > > > > (c) [*\[Section 6 Subsection (3) amended by No. 68 of 1997, s. 6, Applied:01 Feb 1997\]*](/view/html/inforce/1997-02-01/act-1997-068#GS6@Gs1@Hpb@EN) who has, after the commencement of the [Road Safety (Alcohol and Drugs) Amendment Act 1991](/view/html/inforce/2026-04-12/act-1991-044) , been convicted of– > > > > > > > > > > (i) the crime of manslaughter arising out of the driving of a motor vehicle; or > > > > > > > > > > > (ii) the crime of causing death by dangerous driving– > > > > > > > > if, as a result of the course of conduct giving rise to that crime, that person was also convicted of an offence under [section 4](#GS4@EN) of this Act or this section. > > > > > > > (ca) [*\[Section 6 Subsection (3) amended by No. 38 of 2017, s. 10, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS10@Hpb@EN) who, after the commencement of the [Road Safety (Alcohol and Drugs) Amendment Act 2017](/view/html/inforce/2026-04-12/act-2016-999) , has been convicted of – > > > > > > > > > > (i) the offence of reckless driving or negligent driving; or > > > > > > > > > > > (ii) an offence under [section 32 of the](/view/html/inforce/2026-04-12/act-1925-038#GS32@EN) [Traffic Act 1925](/view/html/inforce/2026-04-12/act-1925-038)  – > > > > > > > > if, as a result of the conduct giving rise to the offence, the person was also convicted of an offence under [section 4](#GS4@EN) of this Act or this section; or > > > > > > > (d) [*\[Section 6 Subsection (3) amended by No. 68 of 1997, s. 6, Applied:01 Feb 1997\]*](/view/html/inforce/1997-02-01/act-1997-068#GS6@Gs1@Hpc@EN) [*\[Section 6 Subsection (3) amended by No. 68 of 1997, s. 6, Applied:01 Mar 1998\]*](/view/html/inforce/1998-03-01/act-1997-068#GS6@Gs2@EN) [*\[Section 6 Subsection (3) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja21@GC4@Hpa@EN) who is driving under the authority of a restricted driver licence issued for a period of disqualification from driving imposed for an offence against this Act. > > > (3A)  [*\[Section 6 Subsection (3A) amended by No. 38 of 2017, s. 10, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS10@Hpc@EN) *\[Section 6 Subsection (3A) substituted by No. 51 of 1977, s. 2 \]**\[Section 6 Subsection (3A) substituted by No. 44 of 1991, s. 6 \]*[*\[Section 6 Subsection (3A) substituted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja21@GC4@Hpb@EN) For the purposes of [subsection (3)](#GS6@Gs3@EN) , a person who does not hold an Australian driver licence is to be taken to hold such a licence if the person satisfies the court that he or she would, but for an unintentional failure to comply with an administrative requirement within the preceding 6-month period, be the holder of such a licence. > > > (3B)  [*\[Section 6 Subsection (3B) inserted by No. 4 of 2011, s. 49, Applied:01 Jun 2011\]*](/view/html/inforce/2011-06-01/act-2011-004#GS49@EN) For the purposes of [subsection (3)(a)](#GS6@Gs3@Hpa@EN) , a person – > > > > > > (a) whose driver licence, within the meaning of the [Vehicle and Traffic Act 1999](/view/html/inforce/2026-04-12/act-1999-070) , is suspended under [Part 6 of the](/view/html/inforce/2026-04-12/act-2005-057#HP6@EN) [Monetary Penalties Enforcement Act 2005](/view/html/inforce/2026-04-12/act-2005-057) ; or > > > > > > > (b) who is ineligible to hold such a driver licence by reason of [Part 6 of the](/view/html/inforce/2026-04-12/act-2005-057#HP6@EN) [Monetary Penalties Enforcement Act 2005](/view/html/inforce/2026-04-12/act-2005-057) but would otherwise be eligible to hold such a driver licence – > > > > is taken to hold an Australian driver licence. > > > (4)  *\[Section 6 Subsection (4) substituted by No. 94 of 1975, s. 5 \]**\[Section 6 Subsection (4) amended by No. 51 of 1977, s. 2 \]*[*\[Section 6 Subsection (4) substituted by No. 68 of 1997, s. 6, Applied:01 Feb 1997\]*](/view/html/inforce/1997-02-01/act-1997-068#GS6@Gs1@Hpd@EN) [Subsection (2)](#GS6@Gs2@EN) applies to a person if – > > > > > > (a) the person has been convicted within any 10 year period of 3 or more offences under this Act arising from at least 3 separate incidents; and > > > > > > > (b) at least one of those offences was committed on or after 12 December 1991; and > > > > > > > (c) either – > > > > > > > > > > (i) less than 10 years has passed since the last of those convictions was recorded; or > > > > > > > > > > > (ii) [*\[Section 6 Subsection (4) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja66@GC2@EN) 10 or more years have passed since the last of those convictions was recorded and the person has not provided to the Registrar of Motor Vehicles the certificate of a medical practitioner or a prescribed person certifying that the person is not alcohol-dependent. > > > (5)  [*\[Section 6 Subsection (5) inserted by No. 68 of 1997, s. 6, Applied:01 Feb 1997\]*](/view/html/inforce/1997-02-01/act-1997-068#GS6@Gs1@Hpd@EN) If any proceedings for a prescribed offence have been commenced but not completed before the assent date, those proceedings may be continued and [subsections (2)](#GS6@Gs2@EN) and [(3)(d)](#GS6@Gs3@Hpd@EN) , as in force immediately before the assent date, continue to apply for that purpose. > > > (6)  [*\[Section 6 Subsection (6) inserted by No. 68 of 1997, s. 6, Applied:01 Feb 1997\]*](/view/html/inforce/1997-02-01/act-1997-068#GS6@Gs1@Hpd@EN) Nothing in this section affects a conviction for a prescribed offence. > > > (7)  [*\[Section 6 Subsection (7) inserted by No. 68 of 1997, s. 6, Applied:01 Feb 1997\]*](/view/html/inforce/1997-02-01/act-1997-068#GS6@Gs1@Hpd@EN) In this section – > > > > > ***assent date*** means the day on which the [Road Safety (Alcohol and Drugs) Amendment Act 1997](/view/html/inforce/2026-04-12/act-1997-068) received the Royal Assent; > > > > > ***prescribed offence*** means an offence under [subsection (2)](#GS6@Gs2@EN) in respect of a person of a class referred to in [subsection (3)(d)](#GS6@Gs3@Hpd@EN) as in force immediately before the assent date.