On fines, disqualification periods, demerit points, and challenging penalties.
Driving under the influence of alcohol is a serious offence in South Australia with strict penalties under the Road Traffic Act 1961. Penalties escalate with higher blood alcohol levels and the presence of children in the vehicle. Penalties may be challenged in court under certain conditions, but it is crucial to seek legal advice.
Two Categories
In South Australia, drink driving is categorized into two main offences: driving over the limit (PCA) and driving under the influence (DUI).
You can't Say No
Refusing to take a breath or blood test when requested by police results in serious penalties, including significant fines and long license disqualifications.
Guilty or Otherwise?
Gabito Lawyers offer expertise in navigating these charges, whether you wish to plead guilty or contest the allegations.
The day you get your license, one of the very few legal documents you will ever secure at an early age, is a day you will never forget. The freedoms, responsibilities and decision-making growths that come with a driver’s permit is something many people throw out the window when they decide to get behind the wheel after they have had a few drinks. You cannot safely drink and drive. Remember how many people’s lives you are putting at risk next time you think about doing so.
The effects of alcohol when you are behind the wheel:
- Difficulties when judging speed, braking and distance of other vehicles
- Personality effects, whether that be increased confidence and risk-taking, or being in a highly emotional state
- Lack of concentration and reduced hand to eye coordination
- Slow reaction times to the changing environment and other road users
- Impaired vision and loss of consciousness
- Difficulty breathing, memory loss and loss of bladder control
Legislation and Types of Offences:
Road Traffic Act 1961 (SA) is the main legislation when it comes to drink driving offences. There are two main offences that constitute this breach of law:
- Driving over the limit (PCA)
This is the more frequent offence and means that when you were breath tested, you recorded a blood alcohol level over the legal limit. - Driving under the Influence (DUI).
The second offence is more serious and indicates that you were intoxicated to the point where you could not control the vehicle you were operating.Additionally, these offences are categorized in groups of severity ranging from 1 – 3. Category 1 typically results in the loss of demerit points and a expiation notice (fine), as these categories increase so do the minimum disqualification periods, additional demerit points and expiation notices.
Not Legal: Driving Over the Limit (Over PCA)
To be guilty of drink driving, you would have to drive or attempt to drive a motor vehicle while there is more than the ‘prescribed concentration of alcohol’ in your system. Regardless of how you feel, or if you believe that the alcohol has not affected you, the law remains rigorous in that you cannot drive over the limit of .05 for full license holders, and for provisional, learner or probationary drivers all alcohol is exempt. Thus, if the alcohol reading exceeds .05, the driver faces the charges of drink driving and exceeding the prescribed concentration of alcohol.
So, What Constitutes Driving?
You may also think that because you are not actually driving the vehicle you are safe from committing an offence. This is wrong. You can still commit an offence by being asleep in the driver’s seat, sitting with the keys in the ignition, generally sleeping in the vehicle or being deemed to have the intent to drive at the discretion of the police officer.
Driving under the influence of alcohol severely impairs your abilities and risks lives. Drink driving offences in South Australia can lead to significant fines, disqualification, and even imprisonment.
Whether you need to challenge test results or navigate the court system, professional legal support can make a crucial difference. Gabito Lawyers can offer expert legal advice and representation.
Driving Under the Influence (DUI):
To be guilty of driving under the influence, you must have driven or attempted to have driven a vehicle while under the influence of alcohol, to the point where you are incapable of exercising effective control of your vehicle. Pertaining specifically to DUIs, you are deemed as incapable of effective and safe control of a vehicle if your physical and mental capabilities are unusably impaired. This is typically at the discretion of the police observations that are made when you are pulled over, being the noticing of incoherent speech, wobbling when standing, strong alcohol smells being emitted from your breath etc. It is important to note that this is a separate offence from driving over the limit, and that you can be charged with both offences, especially when you have been involved in an accident or crash.
DUI Penalties:
- Between $1100 to $1600 fine based on the severity of the offence
- Minimum license disqualification of at least 12 months for first time offenders, and subsequently a minimum three-year disqualification if you have any previous driving under the influence charges recorded
- 6 demerit points withdrawn
- In the off chance you are a serious repeat offender, you face the potential of prison
- Face the prospect of being issued with an instant loss of license, that would only be issued if your test results came in at a number that is synonymous with mandatory disqualification
Being irresponsible behind the wheel is dangerous at any level, but when children are factors in these matters the charges significantly worsen.
Children Present in Vehicle while Exceeding PCA or Recording DUI
If you attempt to drive a motor vehicle with an alcohol reading of 0.08 or above, while there is a child under the age of 16 in the vehicle, you be guilty of further offences. This will come with a disqualification period and other penalties will also apply. Among the repercussions, you will be made to show that you are not dependant on alcohol before you are cleared to apply for a license again, at the end of the disqualification period.
Penalties
Being convicted of a drink driving offence ensures that the court will impose at least the minimum disqualification period. However it is at their discretion to impose a longer period if they see fit. There is no bearing put into the consequences of personal hardship and loss of employment regardless of the grounds that you may wish to plead to the court with. The court will not grant any ‘work-permit’ or ‘family-permit’ licenses to help you combat the issues that arise when you have committed drink driving offences. Ultimately the disqualification for the set period is final and this must be served before you are considered for a license again.
Among disqualification from driving, fines and demerit points will also be factored in. A magistrate can impose a prison term if they believe that the offender has not learnt from multiple or serious DUI offences, however this is rare. Additionally, drink driving offences are occasionally coupled with speeding, seatbelt, and additional traffic offences, that can compound the amount of the expiation notice.
What You Need to Know
This table shows exactly how the drink driving offences are factored into minimum disqualification periods, fines, and demerit points.
OFFENCE | DISQUALIFICATIONPERIOD (Minimum) | FINE | DEMERIT POINTS |
PCA .05 – .079 | 3 MONTHS IF FINE IS NOT PAID – NO DISQUALIFICATION IF FINE IS PAID | $600 ON THE SPOT FINE OR 1100 IF TAKEN TO COURT | 4 |
PCA .08 – .149 | 6 MONTHS | $900 – $1300 | 5 |
PCA .15 OR OVER | 12 MONTHS | $1100 – $1600 | 6 |
DUI | 12 MONTHS | $1100 – $1600 | 6 |
DUI WITH CHILD | 12 MONTHS | $1100 – $1600 | 6 |
REFUSE BREATH TEST | 12 MONTHS | $1100 – $1600 | 6 |
REFUSE BLOOD TEST | 12 MONTHS | $1100 – $1600 | 6 |
PCA .08 – .149 WITH CHILD UNDER 16 | 6 MONTHS | $900 – $1300 | 5 |
PCA .15 OR OVER WITH CHILD UNDER 16 IN VEHICLE | 12 MONTHS | $1100 – $1600 | 6 |
This guide chart depicts the minimums across the board. It is important to note that greater penalties and longer disqualifications may apply if you have previous convictions of drink driving or driving under the influence, or you have recorded a reading that is on the higher end of the range.
When Can I Be Tested?
You can be breath tested at any time you are in operation of a vehicle on the road. This means that typically you will be selected at random by police officers in their patrol vehicles as they are all equipped with the testing equipment or alternatively, as you pass through a mobile testing station. This further extends to parents or supervisors of provisional and learner drivers, despite them not actually driving, they are still in charge of the vehicle, and liable for testing.
Crucial to the role of police in testing is that they are in uniform, using a marked police vehicle or a vehicle that is displaying flashing lights or sounding the sirens. They should be easily identifiable and must test you within 2 hours of you having attempted to drive.
Refuse to Test Breath: Road Traffic Act 1961 (SA) s 47E:
Refusing or failing to submit a breath test when required by a police officer will render you guilty of an offence:
First Offence:
- Licence disqualification of not less than 12 months, plus
- 6 demerit points.
- Between $1100 To $1600 fines.
Subsequent Offence:
- Licence disqualification of not less than 3 years., plus
- 6 demerit points
- Between $1900 To $2900
Refuse Compulsory Blood Test: Road Traffic Act 1961 (SA) s 47I:
Refusing or failing to submit a blood test when required by a police officer will render you guilty of an offence.
First Offence:
- Between $1100 to $1600,
- Licence disqualification of not less than 12 months, plus
- 6 demerit points.
Subsequent Offence:
- Between $1900 to $2900,
- Licence disqualification of not less than 3 years, plus
- 6 demerit points.
Challenging the test results:
Breath test results can be challenged, with reasonable evidence and additional blood tests that support your case, along with the testimony of a medical professional. However, it is undoubtedly recommended that you only pursue this after conferring legal advice. If you are unhappy with how you were tested or have any questions you would like answered, do not hesitate to make an appointment with our team at Gabito Lawyers.
Ultimately the breath analysis and alcohol tests can only be challenged in court under limited circumstances. The breath analysis at ‘face value’, may only be challenged if proper procedures were not followed, or there is supplementary proof that shows the testing was inaccurate.
However, police not complying with their legal obligations as established in The Road Traffic Act 1961 (SA) and the Road Traffic (Miscellaneous) Regulations 2014 is significant ground for challenging. This is also limited in its scope, but examples include when the police have failed to amend the time the second test was taken, or they do not provide you with a written document that notifies you of your rights to a blood test. Additionally, the police must provide documentation that the machine was in good working condition, the police have complied with all requirements, and that they have completed and signed off on the documentation proving the validity of the offence.
Conditions After You Can Resume Driving:
Upon returning as a driver, you may be tasked with probationary conditions that are added to your license. These conditions include but are not limited to:
- No alcohol in the system when attempting to drive.
- Must have license always carried.
- Limited demerit points.
Cannot supervise the driving of a person with a learner’s permit.
Drivers who have been disqualified for serious drink-driving offences may also have to have an alcohol interlock device fitted to their vehicle for a specified period which ensures that there is no alcohol in their system when they attempt to drive. This device requires the driver of the vehicle to have a breath test every time they enter the car, before the vehicle’s ignition can turn.
How Can Gabito Lawyers Help You?
Although drink driving matters are profoundly serious offences, you can still fight the charges in some circumstances. Either by challenging the reading or if you honestly believe it was an honest mistake and you were not aware you were under the influence of alcohol. We can help you with these matters in court, either if you intend to plead guilty or not guilty. We can provide consultation or representation in these matters with guidance on what you should bring forth and how you should disclose it to the court.
Learning how to navigate the court system is difficult enough, in matters such as these, only the best support can help you stand a chance. Contact us to discuss your situation further and leave matters such as these in the hands of our experienced and friendly team of lawyers.
