Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person to whom
section 64A(1) applies who drives or attempts to drive a motor vehicle
while having any blood alcohol content commits an offence.
Penalty: not less than 3 PU or more than
6 PU.
(2) A person who
drives or attempts to drive a motor vehicle to which section 64A(4)
applies while having any blood alcohol content commits an offence.
Penalty: not less than 3 PU or more than
6 PU.
(2A)
Subsection (2) does not apply to a person who drives or attempts to drive
a motor vehicle described in section 64A(5)(a) or (d) if the
person —
(a) is a
person of a class prescribed by the regulations for the purposes of this
paragraph; and
(b) is
driving or attempting to drive the vehicle in the course of responding to an
incident as defined in the Fire and Emergency Services Authority of Western
Australia Act 1998 section 3.
(3) It is a defence to
a charge of an offence against subsection (1) or (2) for the accused to
prove that the accused’s blood alcohol content was not to any extent
caused by any of the following —
(a) the
consumption of an alcoholic beverage (otherwise than for the purposes of
religious observance);
(b) the
consumption or use of any other substance (for example, food or medicine) for
the purpose of consuming alcohol.
[Section 64AAA inserted by No. 14 of
2011 s. 9.]