Law Information - Driving - Dangerous Driving Offences - SA

Driving Under Influence

Date: 01/09/2009

The Law - TBA

The Maximum Penalty for Driving Under Influence

The penalties for any of the offence   described above are very severe and are set out in the following table. If a person commits an offence and has committed any of the offences listed in the table within the previous five years, the person is dealt with as a second   offender  , whether or not both offences are in the same category. Where the previous offence is a first offence of exceeding the prescribed concentration of alcohol of .05-.08, the period is 3 years. As of 1st December 2005, in determining previous offences both convictions   and   expiated offences will be counted, however only expiated offences committed after the 1st December 2005 can be taken into account.

Automatic loss of licence applies for the majority of drink driving offences from the 1st December 2005. For further details see IMMEDIATE LOSS OF LICENCE. For offences committed prior to this date the suspension/disqualification occurs on conviction.

People who have committed an offence more than five years earlier (3 years for a .05 -.08 first offence) are given a penalty within a first offence category, but can expect the court to take the previous offence into account and give thedriver a higher penalty within that range.

Driving under the Influence (alcohol or drugs): [Road Traffic Act 1961 s 47]  
First Offence  
$700-$1200 or imprisonment for no more than 3 months; licence disqualification of not less than 12 months (if not a motor vehicle, eg bicycle, $300); and 6 demerit points
Subsequent Offence  
$1500-$2500 or imprisonment for not more than 6 months; licence disqualification of not less than 3 years (if not a motor vehicle, $300); and 6 demerit points

Prescribed Concentration of Alcohol: [Road Traffic Act 1961 s 47B]  
First Offence  
0.05-0.079:   fine up to $700 ('on-the-spot' = $147); plus 4 demerit points
0.08-0.149:   $500-$900; automatic licence disqualification of not less than 6 months; plus 5 demerit points
0.15 or over: $700-$1200; automatic licence disqualification of not less than 12 months; plus 6 demerit points

Second Offence  
0.05-0.079: fine up to $700; licence disqualification of not less than 3 months; plus 4 demerit points
0.08-0.149: $700-$1200; automatic licence disqualification of not less than 12 months; plus 5 demerit points
0.15 or over: $1200-$2000; automatic licence disqualification of not less than 3 years; plus 6 demerit points

Third Offence  
0.05-0.079: fine up to $700; licence disqualification of not less than 6 months; plus 4 demerit points
0.08-0.149: $1100-$1800; automatic licence disqualification of not less than 2 years; plus 5 demerit points
0.15 or over: $1500-$2500; automatic licence disqualification of not less than 3 years; plus 6 demerit points
Subsequent Offence  
0.05-0.079: fine up to $700; licence disqualification of not less than 12 months; plus 4 demerit points
0.08-0.149: $1100-$1800; automatic licence disqualification of not less than 2 years; plus 5 demerit points
0.15 or over: $1500-$2500; automatic licence disqualification of not less than 3 years; plus 6 demerit points

Driving with prescribed drug: [Road Traffic Act 1961 s 47BA]  
First Offence  
$300 expiation fee and 4 demerit points OR
$500-$900 (court penalty) and 4 demerit points
 
Second Offence  
$700-$1200 and 4 demerit points; licence disqualification of not less than 6 months

Third Offence  
$1100-$1800 and 4 demerit points; licence disqualification of not less than 12 months

Subsequent Offence  
$1100-$1800 and 4 demerit points; licence disqualification of not less than 2 years

Refuse Breath Test: [Road Traffic Act 1961 s 47E]  
First Offence  
$700-$1200; automatic licence disqualification of not less than 12 months; plus 6 demerit points
Subsequent Offence  
$1500-$2500; automatic licence disqualification of not less than 3 years; plus 6 demerit points

Refuse Blood Test: [Road Traffic Act 1961 s 47I]  
First Offence  
$700-$1200; automatic licence disqualification of not less than 12 months; plus 6 demerit points

Subsequent Offence  
$1500-$2500; automatic licence disqualification of not less than 3 years; plus 6 demerit points

Refuse Drug Test: [Road Traffic Act 1961 s 47EAA]  
First Offence  
$500-$900; licence disqualification of not less than 12 months; plus 6 demerit points
Subsequent Offence  
$1100-$1800; licence disqualification of not less than 2 years; plus 6 demerit points

What the prosecution must prove - Driving Under Influence

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Possible Defences - Driving Under Influence

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The Court process - Driving Under Influence

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