Road Transport Legislation Amendment (Drink and Drug Driving Offence) Act 2021
The new offence provides for higher penalties for a person driving under the influence of both a proscribed illicit drug and alcohol. The offence applies if a person has a high- or mid-range concentration of alcohol present, or if a lower concentration of alcohol is present, but the person has already committed a combined offence in the last 5 years. The new offence provision provides that a person cannot be convicted of another similar offence in relation to the same conduct and sets out a defence for certain conduct or the option for an alternative verdict to be taken.
The offence is categorised as a major offence under section 9 of the Road Transport Act 2013, which provides for deciding whether an offence is a first, second or subsequent offence. Additionally, other sanctions may be imposed if a person commits a combined alcohol and drug driving offence, including disqualification or suspension of a licence and mandatory interlock orders.
Finally, the Act provides for the existing arrangements relating to the process for testing for alcohol and drug use to cover the new combined alcohol and drug driving offence.
The Act passed Parliament on 18 February 2021.
Link: Road Transport Legislation Amendment (Drink and Drug Driving Offence) Act 2021.
Instructor:
Transport for NSW
Drafter:
Jennifer Roan, Senior Assistant Parliamentary Counsel
Production and Access:
Maureen O'Keefe, Former Principal Production and Access Officer
Patricia Mowad, A/Senior Production and Access Officer
