Document ID: chunk:federal_register_of_legislation:C2024C00861:section:40
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 40
Character Range: 114483–115360

40  Driving while intoxicated
 (1) A person who is a defence member or a defence civilian commits 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 commits 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.