New South Wales Consolidated Acts

ROAD TRANSPORT ACT 2013 - SECT 111A

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--

(a) the person commits an offence under section 110(1), (2) or (3), while there is present in the person's oral fluid, blood or urine, a prescribed illicit drug, and

(b) the person has been convicted of an offence against this subsection or subsection (1) or (2) in the previous 5 years.

: Maximum penalty--50 penalty units or imprisonment for 18 months or both.

(4) A person cannot be convicted of an offence against this section and section 110, 111(1) or 112 in relation to the same conduct.

(5) Alternative verdicts If the court, on a prosecution of a person for an offence against a subsection of this section, is not satisfied that the offence is proven but is satisfied that the person has committed an offence against another subsection of this section or against section 110 or 111(1), having the same or a lesser maximum penalty, the court may acquit the person of the offence with which the person is charged and find the person guilty of the other offence, and the person is liable to be punished accordingly.

(6) 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 offence.

(7) Defence for offence relating to novice range prescribed concentration of alcohol It is a defence to a prosecution for an offence against subsection (3), if--

(a) an element of the offence under subsection (3) is that the person is alleged to have committed an offence under section 110(1), and

(b) the defendant proves to the court's satisfaction that, at the time the defendant engaged in the conduct that is alleged to have contravened section 110(1), 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--

(i) the consumption of an alcoholic beverage, other than for the purposes of religious observance, or

(ii) the consumption or use of another substance, for example, food or medicine, for the purpose of consuming alcohol.