19Prescribed concentration of alcohol in blood or breath

19 Prescribed concentration of alcohol in blood or breath or (b) has, within the relevant period, the prescribed concentration of alcohol in the person’s blood or breath. (a) for a first offender—the penalty mentioned in table 19, column 3 for the concentration of alcohol at a level specified in column 2; or (b) for a repeat offender—the penalty mentioned in table 19, column 4 for the concentration of alcohol at a level specified in column 2. Note A person other than a special driver does not commit an offence against s (1) if the concentration of alcohol in the person’s blood or breath is at level 1 (see s 4C and s 4E). (3) A driver trainer convicted of an offence against subsection (1) is not punishable by imprisonment.

(4) In a proceeding for an offence against subsection (1), evidence may be given of the concentration of alcohol in the person’s blood or breath based on— (a) for proof of the concentration of alcohol in the person’s blood or breath—an analysis of a sample of the person’s breath carried out in accordance with this Act; or (b) for proof of the concentration of alcohol in the person’s blood— an analysis of a sample of the person’s blood carried out at an approved laboratory and certified accurate by an analyst. relevant period means the period beginning when the person ceased to be the driver of the vehicle or the driver trainer in the vehicle and (a) a breath analysis of the person could be carried out under this Act; or (b) if a sample of the person’s blood was taken under section 15 (Taking blood samples from people in custody) or section 15AA (Taking blood samples from people in hospital)—a sample of the person’s blood could be taken under the section. Table 19 item 1 level 1 25 penalty units 50 penalty units, imprisonment for 6 months 2 level 2 25 penalty units 50 penalty units, imprisonment for 6 months

item 3 level 3 50 penalty units, 6 months or both 100 penalty units, 12 months or both 4 level 4 75 penalty units, 9 months or both 150 penalty units, 18 months or both