Road Safety (Alcohol and Drugs) Act 1970 – SECT 4

A court that convicts a person of this offence must –

(a) impose a fine of an amount not less than 5 penalty units or more than 30 penalty units, or

(b) impose a term of imprisonment for a term not exceeding 12 months; or

(c) impose both that fine and that term of imprisonment; and  

(d) must, in addition, disqualify the person from driving for a minimum of 12 months and maximum of 36 months      

(e) When a court imposes a disqualification from driving under this section, it must suspend or cancel any Australian driver licence held by the person against whom the disqualification is imposed as required by section 17 of the Vehicle and Traffic Act 1999

(a) The accused was driving the motor vehicle.

(b) The accused was under the influence of intoxicating liquor or a drug, or both.

(c) To the extent the person was incapable of having proper control of the vehicle.

(a) Factual dispute.

(b) The breath analysing instrument used was not in proper working order or properly operated.

(c) The drug analysing instrument used was not in proper working order or not properly operated.

(d) Duress

(e) Identification dispute

(f) Lack of intent

(g) Mental impairment

(h) Necessity