Charged with an Alcohol Driving Offence in Adelaide?
Protect Your Licence – Speak to a Traffic Lawyer in the Next 30 Minutes (No cost. Confidential. 24/7 hotline (08) 7094 2021)
Drinking Driving and DUI Lawyers
Being charged with a drink driving or DUI offence in South Australia can be life-altering. Licence disqualification, interlock devices, fines, and even jail time are real consequences. But these outcomes are not inevitable.
At Talon Legal, we specialise in defending alcohol-related driving offences with precision, strategic advocacy, and proven results. If you have been charged with a drink driving or DUI offence, do not navigate it alone.
Book a same-day free 30-minute consultation or (08) 7094 2021 now to speak with our Adelaide traffic lawyers today to avoid losing your licence and achieve the best possible outcome.
Traffic Lawyers for Drink Driving Offences
We defend all categories of alcohol-related driving offences, including:
- Drink Driving (Prescribed Concentration of Alcohol “PCA” Offences);
- Driving Under The Influence (DUI); and
- Refusing or Failing a Breath Test.
Each charge carries distinct penalties and defence strategies. Click through to our detailed pages for in-depth information on penalties, possible defences, and how our lawyers can help.
Drink Driving (PCA)
Under section 47B of the Road Traffic Act 1961 (SA), it is an offence to drive or attempt to put a motor vehicle in motion while having a prescribed concentration of alcohol in your blood.
| Offence | Blood Alcohol Limit | Range |
|---|---|---|
| Category 1 PCA | 0.05 – 0.079 | Low Range |
| Category 2 PCA | 0.08 – 0.149 | Mid Range |
| Category 3 PCA | 0.15 and Above | High Range |
South Australia has zero tolerance conditions for provisional, probationary, learners and commercial licence holders.
Drink Driving Fines
| Offence | 1st | 2nd | 3rd | Subsequent | Demerits |
|---|---|---|---|---|---|
| PCA 1 | $1,100 | $1,100 | $1,100 | $1,100 | 4 |
| PCA 2 | $900 - $1,300 | $1,100 - $1,600 | $1,500 - $2,200 | $1,500 - $2,200 | 5 |
| PCA 3 | $1,100 - $1,300 | $1,600 - $2,400 | $1,900 - $2,900 | $1,900 - $2,900 | 6 |
Drink Driving Disqualification Periods
| Offence | 1st | 2nd | 3rd | Subsequent |
|---|---|---|---|---|
| PCA 1 | 3 Months | 6 Months | 9 Months | 9 Months |
| PCA 2 | 6 Months | 12 Months | 2 Years | 2 Years |
| PCA 3 | 12 Months | 3 Years | 3 Years | 3 Years |
Licence Conditions After Drink Driving
| Offence | 1st | 2nd | 3rd | Subsequent |
|---|---|---|---|---|
| PCA 1 | Probationary | Plus Interlock | Plus Interlock | Plus Interlock |
| PCA 2 | Probationary & Interlock | Plus Interlock | Plus Interlock | Plus Interlock |
| PCA 3 | Probationary & Interlock | Plus Interlock | Plus Interlock | Plus Interlock |
Drink Driving Defences
We identify any procedural errors in breath or blood testing and advocate for reduced penalties or non-conviction outcomes.
For more details on exact penalty ranges, interlock schemes, and strategies to reduce disqualification, visit our Drink Driving page.
Worried about Drink Driving Penalties?
Every month we keep drivers on the road with non-conviction outcomes.
Refusing Breath Test
If you refuse or fail to comply with a lawful police direction to undergo an alcotest or breath analysis, you can be charged under section 47E of the RTA.
A refusal carries serious penalties, matching or exceeding those for high-range drink driving.
Penalty for Refusing Breath Test
| Offence | Fine | Disqualification | Demerits |
|---|---|---|---|
| First | $1,100 - $1,600 | !2 months | 6 |
| Second/Subsequent Refusal* | 1,900 – $2,900 | 3 Years | 6 |
| Offence w/ Child <16 in Vehicle | Same fine ranges; | Same mandatory disqualification ranges plus alcohol dependency assessment | 6 |
Defences for Refusing Breath Test
- Unlawful Demand – The request was not lawfully made (e.g., the police had no reasonable grounds to believe you drove or tried to drive) or the request occurred more than 8 hours after the alleged driving.
- Incorrect Prescribed Oral Advice – You were not provided a chance to comply after police explained the consequence of refusing and your right to request a blood sample.
- Physical or Medical Condition – If you genuinely cannot blow (e.g., severe asthma, diminished lung capacity), you must request a blood test. If you fail to request a blood test, you generally cannot later rely on a medical condition as a defence.
See how we defend charges for refusing a breath test or read our case study.
Driving Under The Influence (DUI)
Pursuant to section 47 of the RTA, a person must not drive a vehicle or attempt to put a vehicle in motion while so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the vehicle.
DUI targets drivers (or those attempting to drive) who are “so much under the influence” of alcohol or drugs as to be incapable of exercising effective control of their vehicle.
What is the penalty for DUI in South Australia?
| Offence | Fine | Disqualification | Demerits | Conditions | Prison |
|---|---|---|---|---|---|
| First | $1,000 - $1,600 | !2 months | 6 | Probationary | 3 Months |
| Subsequent | $1,900 - $2,900 | 3 Years | 6 | Plus Interlock | 6 Months |
| If ≠ a Vehicle | $500 | N/A | N/A | N/A | N/A |
Visit our DUI page for detailed guidance on penalties, defences, and case law.
What “Evidence” Police Look For
Unlike “Drink Driving” charges, no specific BAC is required to prove DUI.
- Slurred speech;
- Bloodshot eyes;
- Loss of motor skills;
- Poor driving;
- Smell of alcohol;
- Admission of alcohol consumption.
Common Elements & Defences
Despite the distinct elements of each offence, alcohol driving cases often overlap in the following ways:
- Mandatory Licence Disqualification – Even on a first offence, courts have limited discretion to reduce disqualification below statutory minimums unless the matter is deemed “trifling.”
- Alcohol Interlock Scheme – Many offences automatically trigger an interlock period matching or exceeding the term of disqualification.
- Challenging Police Procedure – Procedural lapses—like invalid traffic stops, failure to provide correct cautions, or misapplication of the breathalyser—can lead to dropped charges or lesser penalties.
- Repeat Offenders – Prior convictions within five years significantly escalate fines, disqualification lengths, and risk of imprisonment.
- Probationary Licence Conditions – Following a disqualification in prescribed circumstances, a driver may be subject to probationary licence conditions, which if breached may require a drivers licence appeal.
How Talon Legal Can Help
Need answers right now? Tap to call (08) 7094 2021 – we answer until midnight.
Real Defence Strategies, Not Empty Promises
If there’s a way to reduce your disqualification, avoid a conviction, or strike out the charge altogether — we will find it. We have helped South Australians walk away with non-conviction bonds, reduced disqualifications, or charges dropped altogether.
We Work Fast Because Time Matters
You can speak to us right now. Drop your number for an Instant Call-Back (under 15 mins) or call now.
A senior lawyer rings you within 15 minutes, day or night.
We respond quickly, act immediately, and aim to resolve your matter efficiently, without dragging you through court longer than necessary.
You Speak Directly to the Lawyer Doing the Work
No gatekeeping. No junior hand-off. From day one, you speak to the traffic defence lawyer who is managing your case, not a receptionist or paralegal.
Transparent Fees. No Guesswork.
We offer fixed-fee options where possible and always explain the likely costs before you commit. You will never get a surprise invoice.
Protect Your Licence. Get the Best Outcome.
At Talon Legal, we act quickly to challenge police procedure, minimise disqualification periods, and fight for outcomes that preserve your licence, freedom, and future.
- Immediate legal advice on drink driving, DUI, and refusing a breath test.
- Fixed-fee and no-obligation consults.
- Proven results in South Australian traffic law matters.
- No delays – direct access to your lawyer from day one.
Frequently Asked Questions
What Happens If You Are Caught Drinking and Driving in South Australia?
- Minimum 12-month disqualification for a first refusal, increasing to 3 years for subsequent offences.
- Fines can exceed $2,900, and a child passenger in the vehicle further aggravates the penalty.
- The court has only limited scope to reduce disqualification periods (typically requiring a successful “trifling” application).
- Mandatory Alcohol Interlock Conditions frequently apply after disqualification.
- Demerit points and probationary licence conditions often apply post-disqualification.
- Serious penalties including imprisonment and disqualifications for driving unlicensed or driving disqualified after drink driving disqualification.
What Happens If You Refuse a Breath Test?
- Minimum 12-month disqualification for a first refusal, increasing to 3 years for subsequent offences.
- Fines can exceed $2,900, and a child passenger in the vehicle further aggravates the penalty.
- The court has only limited scope to reduce disqualification periods (typically requiring a successful “trifling” application).
- Mandatory Alcohol Interlock Conditions frequently apply after disqualification.
- Demerit points and probationary licence conditions often apply post-disqualification.
- Serious penalties including imprisonment and disqualifications for driving unlicensed or driving disqualified after drink driving disqualification.
What Happens If You Are Caught Driving Under The Influence?
- 12-month disqualification minimum for a first offence; 3 years for subsequent.
- Fines can exceed $2,900, plus potential imprisonment for repeat or aggravated circumstances.
- Courts consider “trifling” applications only in rare, exceptional scenarios (e.g., emergency short drives).
- Possible overlap with PCA charges – often, prosecutors prefer to proceed with whichever is more serious.
Visit our DUI page for detailed guidance on penalties, defences, and case law.
Book a Free 30 Minute Consultation
Book a free 30 minute consultation to get tailored legal advice from the best Adelaide traffic lawyers.
We will review your case, explain your best options, and map the strongest defence strategy from the outset.
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