What is a vehicle?

A vehicle is any type of transport with wheels and includes:

• Motor vehicle;
• bicycle;
• a non-motorised ‘wheeled recreational device’ {rollerblades, roller-skates, skateboard, and scooter (including a foot scooter with an electric motor less than 200 watts).

What is a motor vehicle?

Motor vehicles are cars, motorbikes, jet skis, boats and any other vehicle with an engine but not motorised scooters or bicycles.

What if I am driving and I have been drinking or taking drugs?

It is an offence for you to have any alcohol at all and drive or try to drive a motor vehicle if you are a learner (on L Plates) or a person on P Plates, as your blood-alcohol level has to be 0.00. When you are off your P plates, the limit is generally 0.05. But this does not apply if driving is your job; or if you are on a probationary licence following your driver’s licence being suspended.

It is also an offence to drive, try to drive, or be ‘in charge’ of:

• a motor vehicle anywhere; or
• any vehicle on a road (a ‘road’ includes streets and car parks); if you are affected by alcohol, illegal drugs, or legal drugs which a doctor has prescribed for you.

This means it would be an offence to ride your skateboard while ‘under the influence’ of (affected by) drugs or alcohol at the local shopping centre car park but not if you were on the concrete path at your home.

What does being ‘in charge’ of a motor vehicle mean?

Being ‘in charge’ of a motor vehicle can include having the keys to a car or being the only person in the car even though the engine isn’t running. Being asleep in the back of a parked car can be enough for police to charge you if the police breath test you, and you are over the limit.

Can I ride my bicycle if affected by drugs or alcohol?

No. It is an offence to be affected by drugs or alcohol and be in charge of any vehicle like a bicycle or animal (such as a horse) on a road.

When can the police ask for a breath test?

A police officer can stop you and ask you to take a breath test if:

• you are driving or trying to drive a motor vehicle (car, motorbike, jet ski, any other vehicle with an engine or a boat);
• you are the person who seems to be ‘in charge’ of the motor vehicle;
• the police officer believes that, during the three hours before asking you to take the breath test, you drove or tried to drive a motor vehicle or were in charge of a motor vehicle;
• the motor vehicle has been involved in an accident and the police officer believes you were the driver or person in charge.

For any vehicles (including scooters and bicycles), police can ask to take a breath test in certain situations such as if you are arrested for:

• driving under the influence of drugs or alcohol; or
• driving carelessly or dangerously resulting in an accident.

Can I refuse to take a breath test?

It is an offence to refuse to take a breath test if you are in charge or driving a motor vehicle. If the law requires you to take a breath test and you refuse to take the test, you may also be charged with a serious drink driving offence even though you may not have had any alcohol at all. The police officer can take you to the nearest police station by using reasonable force if necessary.

What about saliva, blood, or urine tests?

There are similar laws for saliva tests for drugs and driving as for breath tests.

You could be asked to take a blood or a urine test if the police think your behaviour shows you are affected by alcohol or drugs, even though the levels of the breath or saliva tests you took were low or nil. You can be charged with an offence if you refuse to take these tests. These tests must be done by a doctor or a nurse.

What will happen if the police think I have been drinking or taking drugs while driving?

If the police believe you were driving, trying to drive or were ‘in charge’ of any vehicle when affected by alcohol or drugs; or were above your legal alcohol limit to drive, then:

• you can be arrested, taken to the police station and have to go to court;
• if found guilty, you can be given a fine or another sentence.

If you are under 18 and found guilty of offences involving a motor vehicle in addition to any other penalty (see the ‘Court orders’ information sheet https://yac.net.au/legal-info/court-orders/):

• your licence could be cancelled;
• you can be disqualified from holding a licence for a certain amount of time.