Drink Driving Penalties in South Australia : Fabbian Lawyers

Drink Driving Penalties in South Australia

Posted on May 18th, 2014.

Fabbian Lawyers provides specialist representation to individuals charged with drink driving offences. We understand that the loss of a licence can have significant consequences upon employment, family and personal commitments. When providing representation, we assess whether a loss of licence can be avoided. If a loss of licence cannot be avoided, we aim to ensure that any penalty and licence disqualification period is minimised.

There are various drink driving offences including - driving under the influence (DUI) and driving with the prescribed concentration of alcohol (PCA). The penalties for drink driving are contained within the Road Traffic Act 1961 (SA).

Driving with the Prescribed Concentration of Alcohol (PCA) - Section 47B of the Road Traffic Act

		Fine	Licence Disqualification	Demerit Points
First Offence	Category 1 0.05 - 0.079	$1,100 Expiation: $548	Not less than 3 months Exp: No disqualification	4
	Category 2 0.08 - 0.149	$900 - $1,300	Not less than 6 months	5
	Category 3 0.15 or more	$1,100 - $1,600	Not less than 12 months	6
Second Offence	Category 1 0.05 - 0.079	$1,100	Not less than 6 months	4
	Category 2 0.08 - 0.149	$1,100 - $1,600	Not less than 12 months	5
	Category 3 0.15 or more	$1,600 - $2,400	Not less than 3 years	6
Third Offence	Category 1 0.05 - 0.079	$1,100	Not less than 9 months	4
	Category 2 0.08 - 0.149	$1,500 - $2,200	Not less than 2 years	5
	Category 3 0.15 or more	$1,900 - $2,900	Not less than 3 years	6

Driving under the Influence of Alcohol (DUI) - Section 47 of the Road Traffic Act

Fine / Imprisonment

Licence Disqualification

Demerit Points

First Offence

$1,100 - $1,600; OR

Imprisonment not more

than 3 months

Not less than

12 months

Subsequent Offence

$1,900 - $2,900; OR

Imprisonment not more

than 6 months

Not less than

3 years

It is important to understand that the Courts can, and often do, impose penalties above the minimum amounts listed above. Additionally, individuals may be ordered to pay court costs, prosecution costs, victims of crime levies and impounding fees.

The above penalties can be subject to change and therefore it is recommended that legal advice is sought to ensure you fully understand the penalties that may be applicable.

Further general information regarding drink driving penalties can be obtained by visiting the DPTI SA Government Website.

The information contained within this article is intended as a general overview and discussion of the subjects dealt with. The information provided here was accurate as of the day it was posted; however, the law may have changed since that date. This information is not intended to be, and should not be used as, a substitute for taking legal advice in any specific situation. Craig Fabbian and Fabbian Lawyers are not responsible for any actions taken or not taken on the basis of this information.