79HInfringement notices for driving while over general alcohol limit but not over middle alcohol limit#

1. (1)An infringement notice may be served on a person for a contravention of section 79(2)(a) or (b) to the extent it involves a motor vehicle only if—
2. (a)the person has not, within 5 years before the contravention, committed a drink driving offence; and
3. (b)the person holds a Queensland driver licence authorising the person to drive the vehicle on the road.
4. (2)However, an infringement notice can not be served on a person for a contravention of section 79(2)(a) or (b) if any of following circumstances apply—
5. (a)the motor vehicle is a motor vehicle mentioned in section 79(2C);
6. (b)the person is an interlock driver;
7. (c)the person's Queensland driver licence is—
8. (i)a learner, probationary, provisional or restricted licence; or
9. (ii)a driver licence receipt for a learner, probationary, provisional or restricted licence.
10. (4)In this section—

drink driving offence

means any of the following—

1. (a)an offence against section 79(1), involving a motor vehicle, while under the influence of liquor;
2. (b)an offence against section 79(1F) or (2) involving a motor vehicle;
3. (c)an offence against section 79(2A), (2B), (2J), (2K) or (2L);
4. (d)an offence under section 80(11), involving a motor vehicle, in relation to failing to provide—
5. (i)a specimen of breath for analysis; or
6. (ii)a specimen of blood for a laboratory test if the requisition to which the failure relates was made for the purpose of determining the concentration of alcohol (if any) in the person's blood;
7. (e)an offence against the Criminal Code, section 328A(1) or (4), involving a motor vehicle, when accompanied by the circumstance of aggravation that at the time of committing the offence the offender was adversely affected by alcohol.