Prescribed alcohol limit for driving

For the drink-driving provisions in the Road Traffic Act 1961, “prescribed limit” means (SSO, Road Traffic Act 1961 s 72):

• 35 microgrammes of alcohol in 100 millilitres of breath; or
• 80 milligrammes of alcohol in 100 millilitres of blood.

Those figures are the statutory definition. This article does not convert them into “number of drinks.”

The driving offence

Any person who, when driving or attempting to drive a motor vehicle on a road or other public place, has so much alcohol in his or her body that the proportion of it in breath or blood exceeds the prescribed limit, is guilty of an offence (SSO, Road Traffic Act 1961 s 67(1)(b)).

Separately, it is also an offence to drive or attempt to drive while unfit to drive through 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 (SSO, Road Traffic Act 1961 s 67(1)(a)).

Being in charge of a motor vehicle while over the prescribed limit or unfit through drink or drugs is a distinct offence under section 68. That section is not summarised here.

Penalties in section 67(1)

On conviction, the person is liable (SSO, Road Traffic Act 1961 s 67(1)):

• 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.

This article stops at those s 67(1) figures. Statutory disqualification periods are in a separate vault article.

Coverage debt

• Section 68 (in charge of a vehicle while unfit or over the limit).
• Sections 69–71B (breath tests and specimens).
• Section 67A enhanced penalties.
• Any Traffic Police advisory that restates these limits in handbook language.

Sources

• Road Traffic Act 1961 s 72 (prescribed limit)
• Road Traffic Act 1961 s 67 (driving while under influence of drink, etc.)