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In forceAmended2020 Revised Edition
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Part 4 · General Provisions Relating to Road Traffic

67. Driving while under influence of drink, etc.

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In plain English

Driving or trying to drive while unfit through drink or drugs, or over the alcohol limit, is an offence. It carries a fine of $2,000 to $10,000, up to 12 months in prison, or both. Courts usually ban offenders from driving for at least 2 years. Repeat offenders face higher penalties, longer bans and possibly a life ban.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

Amended

Last amended by an amending law of 2026. 4 amendments in all.

(1)

Any person who, when driving or attempting to drive a motor vehicle on a road or other public place —

(a)

is unfit to drive in that he or she is under the influence of drink, a drug, a psychoactive substance or an intoxicating substance to such an extent as to be incapable of having proper control of the 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 $2,000 and not more than $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent conviction, to a fine of not less than $5,000 and not more than $20,000 and to imprisonment for a term not exceeding 2 years.

(2)

Subject to sections 64(9) and (10) and 65(9) and (10), a court convicting a person for an offence under this section in the following cases is to, unless the court for special reasons thinks fit to not order or to order a shorter period of disqualification, order that the person be disqualified from holding or obtaining a driving licence for a period that is equal to or longer than the specified period corresponding to that case, starting on the date of the person’s conviction or, where the person is sentenced to imprisonment, on the date of the person’s release from prison:

(a)

for a first offender — 2 years;

(b)

for a repeat offender — 5 years.

(2A)

Subject to sections 64(9) and (10) and 65(9) and (10), where a court convicts a person for an offence under subsection (1) and the person has been convicted (whether before, on or after 1 November 2019) on 2 or more earlier occasions of an offence under subsection (1), section 68, or subsection (1) as in force immediately before 1 November 2019, the court is to, unless the court for special reasons thinks fit to order a shorter period of disqualification, order that the person be disqualified from holding or obtaining a driving licence for life starting on the date of the person’s conviction.

(3)

Any police officer may arrest without warrant any person committing an offence under this section.

(4)

In this section, a repeat offender means a person who is convicted of an offence under this section and who has been convicted (whether before, on or after 1 November 2019) on one other earlier occasion of —

(a)

an offence under subsection (1) or section 68; or

(b)

an offence under subsection (1) as in force immediately before 1 November 2019.

Report

Part 5

Public Service Vehicles

Part 6

Provisions as to Use of Highways

Part 7

Miscellaneous Provisions

Schedules