79Vehicle offences involving liquor or other drugs#

(1) Offence of driving etc. while under the influence

Any person who, while under the influence of liquor or a drug—

(a) drives a motor vehicle, tram, train or vessel; or (b) attempts to put in motion a motor vehicle, tram, train or vessel; or (c) is in charge of a motor vehicle, tram, train or vessel;

is guilty of an offence and liable to a maximum penalty of 40 penalty units or 9 months imprisonment.

(1A) Liability under subsection (1) if convicted within 5 years under subsection (1)

If within the period of 5 years before conviction for an offence under subsection (1) the offender has been previously convicted under that subsection, the person is liable for that offence to a maximum penalty of 72 penalty units or 18 months imprisonment.

(1B) Liability under subsection (1) if convicted within 5 years on indictment or against Criminal Code, section 328A

If within the period of 5 years before conviction for an offence under subsection (1) the offender has been previously convicted on indictment of any offence in connection with or arising out of the driving of a motor vehicle by the offender or has been summarily convicted of an offence against any provision of the Criminal Code, section 328A, the offender is liable for the first mentioned offence to a maximum penalty of 72 penalty units or 18 months imprisonment.