Section 82Part 7 — Control of Road Users
Driving or supervising under the influence of alcohol or drugs
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82. (1) A person who —
drives or attempts to drive a vehicle on a road; or
is in charge of a vehicle on a road, while that person —
is under the influence of alcohol or drugs to such an extent that that person’s efficiency as a driver is impaired; that person’s breath, blood or urine exceeds the prescribed limit; or that person’s blood, commits an offence.
has consumed alcohol in such a quantity that the proportion of it in
has consumed illegal drugs so that when tested drugs are shown in
A person who is supervising a learner driver and who, had that person been the driver, would have contravened subsection (1) also commits an offence.
A person who commits an offence under subsection (1) or (2) is liable on summary conviction —
on a first offence, to a fine of one thousand dollars or to imprisonment for six months, or to both;
on a second or subsequent offence, to a fine of two thousand dollars and to imprisonment for twelve months, or to both; and
in addition, on a first or any subsequent offence, to disqualification from driving for a period of twelve months or such longer period as the court may order. Section 83 Traffic Act (2026 Revision) Page 60 Revised as at 31st December, 2025 c
A constable may arrest a person without warrant if that person has reasonable cause to suspect that that person is or has been committing an offence under this section.
The particulars of a conviction under this section shall be endorsed on the driving record of the convicted person.