What is a vehicle?

A vehicle is any type of transport with wheels and includes a motor vehicle, bicycle and a ‘wheeled recreational device’ (rollerblades, roller-skates, skateboard, and scooter (with or without an electric motor).

What is a motor vehicle?

Motor vehicles are cars, motorbikes, jetskis, any other vehicle with an engine. This includes boats.

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 if you are affected by alcohol, illegal drugs, or legal drugs which a doctor has prescribed for you. For any other type of vehicle it is an offence if you are on a road – however, ‘road’ doesn’t just mean the street.

So, it would be an offence to be ‘under the influence’ of (affected by) drugs or alcohol and have your skateboard at the local shopping centre car park but this would not be the case if you were on the grassed area of the local park. (BUT: you could still be picked up for being drunk in a public place).

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 that applies to you.  (It is also an offence to be affected by alcohol and be in charge of an animal on a road: for example, a dog or a horse.) 

When can the police ask for a breathalyser/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, jetski, 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 vehiclehas been involved in an accident and the police officer believes you were the driver or person in charge.

For any vehicle (including bicycle, rollerblades, rollerskates, skateboard, and scooter), if a police officer has arrested you because they think that you are affected by alcohol – for example because of the way you are driving or riding – the officer can ask you to take a breath test.

Can I refuse to take a breath test?

It is an offence to refuse to take a breath test. If the police want to breath test you in relation to a motor vehicle, you may also be charged with a more 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 also be asked to take a blood or a urine test if the police think your behaviour shows you are affected by alcohol or drugs but 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 administered by a doctor or a nurse.

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

If the police believe you were driving, trying to drive or were ‘in charge’ of any vehicle when affected by alcohol or drugs; or you have an alcohol limit above what applies to you for a motor vehicle, 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 found guilty of offences involving a motor vehicle:

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