110Presence of prescribed concentration of alcohol in person’s breath or blood

#### 110 Presence of prescribed concentration of alcohol in person’s breath or blood 110 Presence of prescribed concentration of alcohol in person’s breath or blood (cf STM Act, ss 9, 10, 11 and 11A) > > (1) Offence—novice range prescribed concentration of alcohol A novice driver must not, while there is present in the driver’s breath or blood the novice range prescribed concentration of alcohol— > > > > > (a) drive the motor vehicle, or > > > > > (b) occupy the driving seat of the motor vehicle and attempt to put the motor vehicle in motion. > > > > Maximum penalty—20 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence). > > > (2) Offence—special range prescribed concentration of alcohol A person must not, while there is present in the person’s breath or blood the special range prescribed concentration of alcohol— > > > > > (a) if the person is a special category driver in respect of a motor vehicle—drive the motor vehicle, or > > > > > (b) if the person is a special category driver in respect of a motor vehicle—occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or > > > > > (c) if the person is a special category supervisor in respect of a motor vehicle and the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)—occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle. > > > > Maximum penalty—20 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence). > > > (3) Offence—low range prescribed concentration of alcohol A person must not, while there is present in the person’s breath or blood the low range prescribed concentration of alcohol— > > > > > (a) drive a motor vehicle, or > > > > > (b) occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or > > > > > (c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)—occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle. > > > > Maximum penalty—20 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence). > > > (4) Offence—middle range prescribed concentration of alcohol A person must not, while there is present in the person’s breath or blood the middle range prescribed concentration of alcohol— > > > > > (a) drive a motor vehicle, or > > > > > (b) occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or > > > > > (c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)—occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle. > > > > Maximum penalty—20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence). > > > (5) Offence—high range prescribed concentration of alcohol A person must not, while there is present in the person’s breath or blood the high range prescribed concentration of alcohol— > > > > > (a) drive a motor vehicle, or > > > > > (b) occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or > > > > > (c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)—occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle. > > > > Maximum penalty—30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence). > > > > Note. > > > > Division 1 of Part 7.4 provides for the disqualification of persons from holding driver licences for certain offences (including offences against this section). > > > (6) Alternative verdicts for lesser offences If the court on a prosecution of a person for an offence against any subsection of this section is not satisfied that the offence is proven but is satisfied that the person has committed an offence against any other subsection of this section of a less serious nature, the court may acquit the person of the offence with which the person is charged and find the person guilty of an offence against the other subsection. The person is liable to be punished accordingly. > > > (7) For the purposes of subsection (6)— > > > > > (a) an offence against subsection (1), (2), (3) or (4) is of a less serious nature than an offence against subsection (5), and > > > > > (b) an offence against subsection (1), (2) or (3) is of a less serious nature than an offence against subsection (4), and > > > > > (c) an offence against subsection (1) or (2) is of a less serious nature than an offence against subsection (3), and > > > > > (d) an offence against subsection (1) is of a less serious nature than an offence against subsection (2). > > > (8) Presence of higher concentration of alcohol not defence It is not a defence to a prosecution for an offence against a subsection of this section if the defendant proves that, at the time the defendant engaged in the conduct that is alleged to have contravened the subsection, a greater concentration of alcohol was present in the defendant’s breath or blood than the prescribed concentration of alcohol referred to in the subsection. > > > (9) Defence for offence relating to novice range prescribed concentration of alcohol It is a defence to a prosecution for an offence against subsection (1) if the defendant proves to the court’s satisfaction that, at the time the defendant engaged in the conduct that is alleged to have contravened the subsection, the presence in the defendant’s breath or blood of the novice range prescribed concentration of alcohol was not caused (in whole or in part) by any of the following— > > > > > (a) the consumption of an alcoholic beverage (otherwise than for the purposes of religious observance), > > > > > (b) the consumption or use of any other substance (for example, food or medicine) for the purpose of consuming alcohol. > > **s 110:** Am 2018 No 54, Sch 1 \[8\].