111APresence of both prescribed illicit drug in person’s oral fluid, blood or urine and prescribed concentration of alcohol in person’s breath or blood

111A Presence of both prescribed illicit drug in person’s oral fluid, blood or urine and prescribed concentration of alcohol in person’s breath or blood

111A Presence of both prescribed illicit drug in person’s oral fluid, blood or urine and prescribed concentration of alcohol in person’s breath or blood

(1) Offence—high range prescribed concentration of alcohol and presence of prescribed illicit drug A person must not, while there is present in the person’s breath or blood the high range prescribed concentration of alcohol and present in the person’s oral fluid, blood or urine a prescribed illicit drug—

(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—

(a) for a first offence—50 penalty units or imprisonment for 2 years or both, or

(b) for a second or subsequent offence—100 penalty units or imprisonment for 2 years or both.

(2) Offence—middle range prescribed concentration of alcohol and presence of prescribed illicit drug A person must not, while there is present in the person’s breath or blood the middle range prescribed concentration of alcohol and present in the person’s oral fluid, blood or urine a prescribed illicit drug—

(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—

(a) for a first offence—30 penalty units or imprisonment for 18 months or both, or

(b) for a second or subsequent offence—60 penalty units or imprisonment for 2 years or both.

(3) Offence—second or subsequent offence of combined alcohol and drug driving offence A person commits an offence against this subsection if—