Drink Driving Lawyers
Driving while having a prescribed concentration of alcohol in your blood is a serious offence in South Australia. Protect your licence, reduce penalties, and ensure the best legal representation. Book a free 30-minute consultation with expert drink driving lawyers in Adelaide today.
Drink Driving Lawyers Adelaide
We have a track record of securing charge withdrawals, achieving non-conviction orders and reducing disqualification periods as well as fines. Book a free 30 minute consultation to get started.
Drink driving offences attract significant penalties, including fines, demerit points, an immediate or instant loss of licence, probationary licence conditions, court imposed disqualifications, and even imprisonment in aggravating circumstances.
Our experienced Adelaide drink driving lawyers will guide you through the process and help you keep your licence, reduce penalties and achieve the best outcome for you.
What is Drink Driving?
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.
Unlike DUI (driving under the influence) offences, which focus on being incapable of controlling a vehicle, “Drink Driving” targets drivers who exceed the legal concentration of alcohol.
In making out these charges, the police will try to obtain a breath sample to prove that you exceeded the prescribed concentration of alcohol. However, if you fail or refuse to provide a breath sample to police, you may be charged with Refusing a Breath Test which is treated as seriously as a high range (category 3) offence.
What is the Prescribed Concentration of Alcohol?
The prescribed concentration of alcohol (PCA) or “blood alcohol” limit (section 47A) changes depending on the class of licence held at the time of the offence.
| Licence | BAC Limit |
|---|---|
| Prescribed Licence | Zero |
| Provisional Licence | Zero |
| Probationary Licence | Zero |
| Full Licence | 0.05 |
This means:
- Any amount of alcohol for the driver of a prescribed vehicle (e.g., buses, trucks);
- Any amount of alcohol amount of alcohol for the holder of a learner permit, provisional licence or probationary licence; and
- 0.05 grams or more of alcohol in 100 millilitres of blood for the holder of a full licence.
Types of Drink Driving Offences
You may be charged with one of three PCA offences depending on your blood alcohol concentration (BAC) at the time of the offence.
| Offence Category | Blood Alcohol Limit | Range |
|---|---|---|
| Category 1 | 0.05 - 0.079 | Low Range |
| Category 2 | 0.08 - 0.149 | Mid Range |
| Category 3 | 0.15 and Above | High Range |
This in turn informs the maximum penalty you may expect unless a successful defence or trifling application is made.
Drink Driving Penalty South Australia
The penalty for drink driving in South Australia depends on several factors including but not limited to:
- Licence category at the time of the offence
- Demerit points after a finding of guilt which may also result in a demerit point disqualification;
- Any previous drink driving or drug driving convictions within a prescribed period (5 years) are considered in determining whether an offence is a first, second, or subsequent offence;
- The offence category (i.e., low range, mid range or high range PCA);
- Capacity to pay a fine as the court may either impose community service or a bond under section 39 of the Sentencing Act 2017 (SA) instead.
First Drink Driving Offence
For first-time category 1 offence, individuals must be given an expiation notice before prosecution if they have no prior offences within the prescribed period (usually 3 years for every category 1 offence, and 5 years for any category 2 or higher offence).
| Category | Fine | Disqualification | Demerits | Conditions |
|---|---|---|---|---|
| 1 | $1,100 | 3 Months | 4 | Probationary |
| 2 | $900 - $1,300 | 6 Months | 5 | Probationary |
| 3 | $1,100 - $1,300 | 12 Months | 6 | Probationary |
Second Drink Driving Offence
| Category | Fine | Disqualification | Demerits | Conditions |
|---|---|---|---|---|
| 1 | $1,100 | 6 Months | 4 | Probationary |
| 2 | $1,100 - $1,600 | 12 Months | 5 | Plus Interlock |
| 3 | $1,600 – $2,400 | 3 Years | 6 | Plus Interlock |
Licence conditions also apply including mandatory alcohol interlock conditions where a previous alcohol offence (other than a Category 1 offence with a BAC less than .08 or driving under the influence) exists within the last 5 years.
Third Drink Driving Offence
| Category | Fine | Disqualification | Demerits | Conditions |
|---|---|---|---|---|
| 1 | $1,100 | 9 Months | 4 | Interlock |
| 2 | $1,500 – $2,200 | 2 Years | 5 | Interlock |
| 3 | $1,900 – $2,900 | 3 Years | 6 | Interlock |
Subsequent Offences
| Category | Fine | Disqualification | Demerits | Conditions |
|---|---|---|---|---|
| 1 | $1,100 | 9 Months | 4 | Interlock |
| 2 | $1,500 – $2,200 | 2 Years | 5 | Interlock |
| 3 | $1,900 – $2,900 | 3 Years | 6 | Interlock |
Consequences for Drink Driving
A finding of guilt and conviction may have consequences that reach far beyond the initial inconvenience of losing your licence and resulting financial penalties.
Mandatory Alcohol Interlock Scheme
A mandatory interlock device may also be ordered following a conviction for a serious drink driving offence.
It is a further offence to drive a vehicle without an interlock device, and the cost of the device is borne by the driver.
Learn more about the mandatory alcohol interlock scheme by reading our comprehensive guide.
Probationary Licence Conditions
The disqualification cancels any current licence, and additional conditions may apply to future licences (such as probationary licence conditions for 12 months).
Regrettably, even after serving a court ordered driving disqualification, a breach of probationary licence conditions may result in further disqualifications unless a successful drivers licence appeal is made.
Driving Unlicensed After Disqualification
If you fail to reapply for a licence post-disqualification, you could face Driving Unlicensed charges under section 74 of the Motor Vehicles Act 1959 (SA) after serving a drink driving disqualification if you do not comply with certain probationary conditions, such as to complete the mandatory alcohol interlock scheme or attending mandatory drug / alcohol counselling to demonstrate you are not substance dependant.
Should you decide to drive without renewing your licence (even if there are no conditions), you may be subject to a term of imprisonment and disqualification (often much longer than the initial court imposed disqualification).
Breach of P1, P2 & Learner Permit
Furthermore, a finding of guilt for drink driving in Adelaide may also result in an automatic breach of licence conditions which results in a further period of disqualification that must be served after a court imposed disqualification.
Thus, depending on the class of licence that you hold at the time of the offence (such as being a Learner’s permit holder or a P1 or P2 licence holder) a “short” six month disqualification may snowball into a 12 month or longer disqualification.
Demerit Point Disqualification
That is not even including a demerit point disqualification which may follow if you accumulate 12 or more demerit points in a period of three years as a full licence holder.
For more information on demerit point disqualifications, visit our drivers licence offences page for a comprehensive overview.
Imprisonment in Aggravated Circumstances
You may face additional charges if the offence is committed in aggravated circumstances and potential serve a term of imprisonment unless an expert defence lawyer is able to persuade the court that good reason exists not to impose an immediate custodial sentence.
Read our comprehensive guide for more information on what the the court considers as circumstances of aggravation, which includes commonly charged offences such as:
- Drink driving while your licence is disqualified or suspended; or
- Driving without due care while committing a category 2 PCA (mid-range) drink driving offence.
Employment Issues
A criminal record may cost you a job, particularly if you rely on your driver’s licence for work or if you are required to disclose certain criminal offences because of your membership in a professional society or association, and are subsequently found not to be a “fit and proper person”.
Whether or not a drink driving conviction affects employment is ultimately dependent on the nature of work itself.
Certain offences, such as deception or theft offences may suggest a pattern of dishonesty and exclude someone from employment in banking or the legal profession, whereas a drink driving offence may suggest a lapse in judgment, or a reckless behaviour.
Certain professions may also require you to volunteer or self report the mere fact that you are charged with an offence (as opposed to being found guilty) – which itself may result adverse consequences.
For example, members of the Australian Defence Force are meant to conduct themselves above the standard of behaviour that applies to civilians.
Other professions like teaching impose a self reporting obligation on all teachers to inform the Teachers Registration Board of South Australia of certain offences and a failure to do so may itself result in an adverse character finding.
Overseas Travel
Whilst the penalty for drinking and driving in South Australia is serious, other countries such as Canada and the United States take a particularly dim view of drink driving offences.
For example, section 320.14 (1) of the Criminal Code makes it a crime to have a blood alcohol concentration of .08 percent or more.
In certain cases, it is even punishable by up to 10 years in jail, meaning that even a single low range or mid range drink driving charge may render you inadmissible to Canada for life, including for IEC working holiday visas.
Reducing Drink Drive Disqualification Period
In limited circumstances, the court may reduce a disqualification period for a first offence if it is considered trifling or if other proper cause exists. However, this cannot fall below the statutory minimum and is a high threshold to meet.
Book a Free 30 Minute Consultation
While the consequences of a drink driving conviction may appear startling, this does not mean that every single charge is validly laid.
In our experience, every allegation of drink driving requires careful scrutiny to determine whether SA Police have complied with strict procedural requirements before breathalyser readings are admitted into evidence.
Individuals can be and are incorrectly charged with drink driving offences in South Australia from time to time. Sometimes, the police even lose or misplace vital evidence which completely undermines their case.
If you are charged with drink driving, you owe it to yourself to book a free 30-minute consultation to discuss your options with Adelaide’s leading drink driving lawyers.
We will fight to protect your licence and reduce penalties.
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