Wilfully alter blood alcohol concentration or amount of drug

A person wilfully does something to alter the concentration of alcohol in their breath or blood, or to introduce or alter the amount of a prescribed illicit drug, between the relevant event and the time of testing.

For a person to be found guilty, the prosecution must prove each of these beyond reasonable doubt. If even one cannot be proved, the charge should fail.

1. You wilfully did something (intentional conduct)
2. The act was done to alter the concentration of alcohol in your breath or blood, or to introduce or alter the amount of a prescribed illicit drug in your oral fluid, blood or urine
3. The act occurred between the relevant event (for example the driving or the crash) and the time you submitted to the test or analysis
4. You were not merely a secondary participant in an accident

This is a summary offence — it is finalised in the NSW Local Court by a judge. There is no committal, no jury and no election to the District Court.

Maximum penalty: Altering the concentration of alcohol (cl 18(1)(a)–(b)): first offence 30 penalty units ($3,300) or 18 months imprisonment; second or subsequent 50 penalty units ($5,500) or 2 years imprisonment. Introducing or altering the amount of a drug (cl 18(1)(c)–(d)): 30 penalty units ($3,300) for a first offence and 50 penalty units ($5,500) for a second or subsequent offence — a fine only, no imprisonment. Automatic disqualification 3 years (minimum 6 months) first offence; 5 years (minimum 12 months) second or subsequent (s 205). A mandatory alcohol interlock order normally applies to the alcohol forms.

Summary offences in NSW must generally be started (a court attendance notice issued) within 6 months of the alleged offence, unless the relevant law sets a different period (Criminal Procedure Act 1986 (NSW) s 179). Some offences have their own time limit, so this is a guide only.

Opens the official NSW legislation website. Court Pilot's summary is a guide only — confirm against the in-force text.