Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 365C

365C Proof of being adversely affected by an intoxicating substance

(1) A person is taken to be adversely affected by an intoxicating substance if—

(a) the concentration of alcohol in the person’s blood is at least 150mg of alcohol in 100mL of blood; or

(b) the concentration of alcohol in the person’s breath is at least 0.150g of alcohol in 210L of breath; or

(c) any amount of a drug prescribed by regulation is present in the person’s saliva; or

(d) the person fails to provide a specimen as required under the Transport Operations (Road Use Management) Act 1995 , section 80 as applied under the Police Powers and Responsibilities Act 2000 , chapter 18A .

(2) However, subsection (1) (c) or (d) does not apply if the person proves he or she was not adversely affected by an intoxicating substance at the relevant time.

(3) Subsection (1) does not limit the circumstances in which a person may be adversely affected by an intoxicating substance.