Law Information - Driving - Other Traffic Offences - TAS

Driving with prescribed illicit drug in blood

Date: 09/01/2009

The Law -

Road Safety (Alcohol and Drugs) Act 1970 – SECT 6A

6A. Driving with prescribed illicit drug in blood

(a) A person who drives a motor vehicle while a prescribed illicit drug is present in his or her blood is guilty of an offence.

What the prosecution must prove - Driving with prescribed illicit drug in blood

(a) The accused was driving the motor vehicle.

(b) The accused had a prescribed illicit drug present in his or her blood

The Maximum Penalty for Driving with prescribed illicit drug in blood is

A court that convicts a person of this offence must –

(a) impose a fine of an amount not less than 2 penalty units or more than 10 penalty units, or

(b) impose a term of imprisonment for a term not exceeding 3 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 3 months and maximum of 12 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 with prescribed illicit drug in blood

(a) A person does not commit an offence if the prescribed illicit drug was obtained and administered in accordance with the Poisons Act 1971

(b) Factual dispute.

(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 with prescribed illicit drug in blood

Magistrates Court