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Persons affected by the consumption of liquor and/or drugs have an impaired driving ability.

Officers should take all necessary safety precautions when attempting to intercept a vehicle when it is suspected that its driver is affected by the consumption of liquor and/or drugs.

What the Law Says - Section 79 of the Transport Operations (Road Use Management) Act Queensland

(1) Any person who while under the influence of liquor or a drug-

(a) drives a motor vehicle, tram, train or vessel; or

(b) attempts to put in motion a motor vehicle, tram, train or vessel; or

(c) is in charge of a motor vehicle, tram, train or vessel;

is guilty of an offence.

(1B) If within the period of 5 years before conviction for an offence under subsection (1) the offender has been previously convicted on indictment of any offence in connection with or arising out of the driving of a motor vehicle by the offender or summarily of an offence against any provision of the Criminal Code, section 328A the offender is liable for the first mentioned offence to a maximum penalty of 60 penalty units or 18 months imprisonment.

(3) If on the hearing of a complaint of an offence against subsection (1) the court is satisfied that at the material time the defendant was over the high alcohol limit, the defendant is conclusively presumed to have been under the influence of liquor.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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