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Being in charge of motor vehicle when under influence of drink or drugs

Road Traffic Act 1961

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—(1) Any person who when in charge of a motor vehicle which is on a road or other public place but not driving the vehicle —(a)is unfit to drive in that he or she is under the influence of drink or of a drug or an intoxicating substance to such an extent as to be incapable of having proper control of a vehicle; or(b)has so much alcohol in his or her body that the proportion of it in his or her breath or blood exceeds the prescribed limit,shall be guilty of an offence and shall be liable on conviction to a fine of not less than $500 and not more than $2,000 or to imprisonment for a term not exceeding 3 months and, in the case of a second or subsequent conviction, to a fine of not less than $1,000 and not more than $5,000 and to imprisonment for a term not exceeding 6 months.(2) For the purpose of subsection (1), a person is deemed not to have been in charge of a motor vehicle if the person proves —(a)that at the material time the circumstances were such that there was no likelihood of the person’s driving the vehicle so long as he or she remained so unfit to drive or so long as the proportion of alcohol in his or her breath or blood remained in excess of the prescribed limit; and(b)that between the person becoming so unfit to drive and the material time, or between the time when the proportion of alcohol in his or her breath or blood first exceeded the prescribed limit and the material time, he or she had not driven the vehicle on a road or other public place.(3) On a second or subsequent conviction for an offence under this section, the offender is, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, disqualified from holding or obtaining a driving licence for a period of 12 months from the date of his or her release from prison.(4) Where a person convicted of an offence under this section has been previously convicted of an offence under section 67, he or she is treated for the purpose of this section as having been previously convicted under this section.(5) Any police officer may arrest without warrant any person committing an offence under this section.

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