Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_40
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 40
Character Range: 51772–52666

40  Driving while intoxicated

 (1) A person who is a defence member or a defence civilian is guilty of an offence if:
 (a) the person drives a service vehicle in any place, whether a public place or not; and
 (b) the person is under the influence of intoxicating liquor or a drug to such an extent as to be incapable of having proper control of the vehicle.

Maximum punishment: Imprisonment for 12 months.

 (2) A person who is a defence member or a defence civilian is guilty of an offence if:
 (a) the person drives a vehicle on service land; and
 (b) the person is under the influence of intoxicating liquor or a drug to such an extent as to be incapable of having proper control of the vehicle.

Maximum punishment: Imprisonment for 12 months.

 (3) An offence under this section is an offence of absolute liability.

Note: For absolute liability, see section 6.2 of the Criminal Code.