57CDriving offence: alcohol and 1 qualifying drug

1. A person who drives or attempts to drive a motor vehicle on a road commits an offence if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, the person’s blood contains alcohol and evidence of use of 1 qualifying drug and any or all of the following apply:

2. the proportion of alcohol in the person’s blood—
   1. exceeds 80 milligrams of alcohol per 100 millilitres of blood; or
   2. if the person is younger than 20, exceeds 30 milligrams of alcohol per 100 millilitres of blood; or
   3. if the person holds an alcohol interlock licence or a zero alcohol licence, equals or is less than 50 milligrams of alcohol per 100 millilitres of blood:
3. the drug is a listed qualifying drug and the blood concentration level of the drug exceeds the high-risk level for the drug:
4. the drug is an unlisted qualifying drug and the blood specimen was taken after the person failed to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person was required to do so under section 71F.

5. A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73,—

6. contains alcohol and the proportion of alcohol in the person’s blood equals or is less than—
   1. 80 milligrams of alcohol per 100 millilitres of blood; or
   2. if the person is younger than 20, 30 milligrams of alcohol per 100 millilitres of blood; and
7. contains evidence of use of a qualifying drug and,—
   1. if the drug is a listed qualifying drug, the blood concentration level of the drug equals or is less than the high-risk level (if any) for the drug; and
   2. if the drug is an unlisted qualifying drug, the person was not required to undergo a compulsory impairment test under section 71F before the blood specimen was taken.

8. A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if,—

9. as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, the person’s blood contains alcohol but the proportion of alcohol in the person’s blood equals or is less than—
   1. 80 milligrams of alcohol per 100 millilitres of blood; or
   2. if the person is younger than 20, 30 milligrams of alcohol per 100 millilitres of blood; and
10. analysis carried out by an approved analyst indicates that the person’s oral fluid sample is positive for 1 listed qualifying drug.

12. A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if—

13. the proportion of alcohol in the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, equals or is less than—
    1. 400 micrograms of alcohol per litre of breath; or
    2. if the person is younger than 20, 150 micrograms of alcohol per litre of breath; and
14. analysis carried out by an approved analyst indicates that the person’s oral fluid sample is positive for 1 listed qualifying drug.

16. Subsections (2), (3), and (4) do not apply to a person who holds an alcohol interlock licence or a zero alcohol licence (see section 57AA for offences relating to contravention of specified breath or blood alcohol limits by a holder of an alcohol interlock licence or a zero alcohol licence).