Drunk Driving Charges in South Australia

A Drink Driving Charge will give many their first taste of the criminal justice system. This can be extremely daunting.
The following sections have been written by experienced lawyers to inform people charged with a PCA (Prescribed Concentration of Alcohol) or DUI (Driving under the influence of alcohol) of the penalties that are likely to be imposed by South Australian Courts.

Beating a Drunk Driving Charge

There are many circumstances in which there may be Drink Driving Defences available to you. Click here for more info on how we can help you beat a Drunk Driving Charge.

Do I need a lawyer to represent me for these Drunk Driving charges?

It is your choice whether to represent yourself or whether to have a solicitor represent you in Court. If you are worried about a loss of license or imprisonment, we would advise having a solicitor represent you. For someone who is unfamiliar with the Court system, having to navigate a drink driving charge can be daunting. Our solicitors specialize in these matters and will use their experience and expertise to lead you through the process to the best possible outcome.

Where to Next?

In SA, traffic offences are treated very seriously. It is therefore important to get the best legal advice as early as possible. Call the best – Call Liptak Lawyers on (08) 8123 1808.

Drunk Driving Penalties

The following are the penalties imposed by the Road Traffic Act 1961 (SA).
This page outlines the minimum and maximum penalties for all drink driving charges in South Australia and the details as to the expected periods of disqualification.
In all cases disqualification is mandatory.

Definition of Terms

Minimum Period of Disqualification: This is the minimum period of disqualification that a court can impose for a drink driving charge.
Maximum Fine: This is the maximum fine that must be paid by the offender.
Maximum Jail: This is the maximum amount of jail time the offender may undergo for an offence.
Automatic Disqualification: This refers to whether the offender’s license will be immediately disqualified.

Category 1: Drink Driving

Any person who is a road user in South Australia can be charged with a Category 1 Drink Driving Offence. A person will commit a Category 1 Drink Driving Offence if they have driven a motor vehicle or have attempted to put a motor vehicle into motion while having an alcohol concentration of 0.05-0.08 grams in their bloodstream. The maximum penalty for this charge depends upon whether the offender is a first or repeat offender as shown in the “Drink Driving Penalties” Table. In either case, the starting point would be that a $1,100 fine is imposed and the driver’s license disqualified for 3 months. The offender will not bear a criminal conviction for a Category 1 Drink Driving Offence.

Category 2: Drink Driving

Any person who is a road user in South Australia can be charged with a Category 2 Drink Driving Offence. A person will commit a Category 2 Drink Driving Offence if they have driven a motor vehicle or have attempted to put a motor vehicle into motion while having an alcohol concentration of 0.08-0.15 grams in their bloodstream. The maximum penalty for this charge depends upon whether the offender is a first or repeat offender as shown in the “Drink Driving Penalties” Table. In either case, the starting point would be that a $1,300 fine is imposed and the driver’s license disqualified for 6 months. The offender will not bear a criminal conviction for a Category 2 Drink Driving Offence.

Category 3: Drink Driving

Any person who is a road user in South Australia can be charged with a Category 3 Drink Driving Offence. A person will commit a Category 3 Drink Driving Offence if they have driven a motor vehicle or have attempted to put a motor vehicle into motion while having an alcohol concentration of at minimum 0.15 grams in their bloodstream. The maximum penalty for this charge depends upon whether the offender is a first or repeat offender as shown in the “Drink Driving Penalties” Table. In either case, the starting point would be that a $1,600 fine is imposed and the driver’s license disqualified for 12 months. The offender will not bear a criminal conviction for a Category 3 Drink Driving Offence.

Refuse Breath Analysis

A person is guilty of a refusal of breath analysis if that person was the driver of a motor vehicle and has refused (failed to comply) with all reasonable directions of a police officer in relation to the requirement, and in particular, has refused or failed to exhale into the apparatus which the alcotest or breath analysis is conducted, without reasonable excuse as prescribed under the relevant Act.
It is not a defence to refuse or fail a breath analysis on the basis that you wanted to seek legal advice before providing a sample for breath analysis.
The maximum penalty for this charge depends upon whether the offender is a first or repeat offender as shown in the “Drink Driving Penalties” Table. The offender will, as a minimum, receive a $1,600 fine and 12 months licence disqualification. The offender will not receive a Criminal Conviction for committing this offence.

Driving Under the Influence (DUI)

Any person who is a road user in South Australia can be charged with Driving under Influence. A person will be guilty of Driving under the Influence if they have driven a motor vehicle or have attempted to put a motor 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.
A person is incapable of exercising effective control of a vehicle if the physical or mental faculty of the person is lost or appreciably impaired due to the influence of liquor or drugs. The maximum penalty for this offence depends upon whether the offender is a first or repeat offender as shown in the “Drink Driving Penalties” Table. In either case, the starting point would be that a $1,600 fine is imposed and the driver’s license disqualified for a minimum of 12 months or as the Court thinks fit. The Offender is also subject to imprisonment for no more than 3 months.

Will I get a Criminal Record for Driving under the Influence?

Yes you will receive a criminal record. This offence is considered to be very serious by both legislature and the Courts. The penalties for this offence are severe and not uncommon. A criminal conviction will be recorded against your name.

What does it mean to have a Criminal Conviction Recorded?

The consequences of having a criminal conviction recorded can potentially be extremely serious.
For example, many employers will conduct a background police check on potential employees as part of the standard recruitment process, which reveals whether you have a criminal conviction recorded against your name. This may definitively impact the employer’s decision in whether or not to employ you.
This is quite common in a number of Professions. For example, a member of the legal profession must report any criminal conviction to the Law Society who will then determine whether the legal practitioner should be allowed to continue as a practitioner.
A criminal conviction may also inhibit future overseas travel. As part of the Visa process the applicant will more than likely need to disclose any criminal convictions. Depending on the policy of the particular country for which the visa is being sought, the visa may or may not be granted based on your criminal record.

Will I go to jail for Driving under the Influence Charge?

Yes you may go to jail. But, the longevity of the sentence imposed depends on a number of factors, including the objective seriousness of the nature and circumstances of the offence together with consideration of your personal circumstances.

Drink Driving Crashes

Drink driving is a factor in many fatal crashes in South Australia. After a crash, not only will you have to deal with the physical and emotional trauma, but also with the legal consequences. The following are some offences that you may be charged with if you have been involved in a drink driving crash.

Drink Driving Causing Harm or Death

A person who drives a vehicle in a negligent manner, recklessly, or at a speed or manner dangerous to any person, and by that conduct causes the death of another, that person is guilty for a very serious offence. If the police breath analysis shows that you had an alcohol concentration level of 0.08 grams or more in your bloodstream, you will have committed an offence that potentially can put you in jail for life and cause an automatic disqualification of your license for 10 years. But, of course there are ways to mitigate this offence.

Do I need a lawyer to represent me for this charge?

It goes without saying that both of these offences (Drink Driving Causing Harm & Drink Driving Causing Death) are extremely serious. We highly recommend that you see a lawyer as early as possible. For someone who is unfamiliar with the Court system, having to navigate a drink driving charge can be daunting. Our solicitors specialize in these matters and will use their experience and expertise to lead you through the process to the best possible outcome.

Where to Next?

For these offences, you could be looking at life in prison. Therefore, it is extremely important to get the best legal advice as early as possible. Call the best – Call Liptak Lawyers on (08) 8123 1808.

Repeat Offender

Classifying an offender as either a first or repeat offender is fundamental to sentencing and other penalties associated with traffic offences. The penalties are generally more severe for repeated offenders. If you have repeated a second drink driving offence, we recommend that you talk to an experienced legal practitioner to discuss your options.

Trifling Offences

The period prescribed for loss of license cannot be reduced or mitigated unless in the case of a first offence, that offence is trifling. It is quite rare for a Court to accept that an offence is trifling. The onus is on the offender who must show substantial grounds which make the offence “atypical.” To prove this to the Court can be very complex. Please enquire with us if there is something atypical about your matter.