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] 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] *[Section 6 Subsection (2) substituted by No. 94 of 1975, s. 5 ]*A person to whom, by virtue of subsection (3) or (4) , 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) applies to a person –

(a) [Section 6 Subsection (3) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] 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] 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] 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] who is driving a prescribed vehicle; or

(c) who has, after the commencement of the , been convicted of–