March 23, 2017
by Sergeant Bradley Doyle
Darling Downs Police
Did you know that you commit the offence of drink driving if you drive a motor vehicle on private property whilst over the legal limit?
The offence of drink driving is found in Section 79 of the Transport Operations (Road Use) Management Act 1995 and provides that a person commits an offence if they drive, attempt to put in motion or are in charge of a motor vehicle whilst over the legal alcohol limit.
This section makes no mention of having to be on a road.
Section 80 of the same legislation provides police with the power to breath test any person the officer reasonably suspects, has within the preceding three hours, to have driven, attempted to put in motion or was in charge of a motor vehicle on a road or elsewhere – which includes private property.
Some examples of behaviours that would constitute an offence of drink driving if the person was over the legal limit include:
- Doing doughnuts in a vehicle in their own backyard (drive).
- Attempting to clutch start a car down a driveway (attempt to put in motion).
- Starting up and revving a motorcycle within a campground (in charge).
The simple rule for drink driving is – if it an offence on a road, it is also an offence on private property.
Don’t drink and drive.
