Law Information - Driving - Other Traffic Offences - TAS

Driving while under the influence of alcohol, drugs

Date: 09/01/2009

The Law -

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

What the prosecution must prove - Driving while under the influence of alcohol, drugs

(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.

The Maximum Penalty for Driving while under the influence of alcohol, drugs is

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

Possible Defences - Driving while under the influence of alcohol, drugs

(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

The Court process - Driving while under the influence of alcohol, drugs

Magistrates Court