Drink driving is a serious offence in South Australia, with strict penalties that can significantly impact your ability to drive and work. As an experienced criminal and traffic lawyer, Alda specialises in defending drink driving charges and helping clients achieve the best possible outcome.
Understanding Drink Driving Offences
Many people assume they have been charged with Driving Under the Influence (DUI) when, in fact, they have been charged with Exceeding the Prescribed Concentration of Alcohol (PCA). The key difference is:
- PCA Offences: Based on the alcohol reading from a breathalyser test, regardless of impairment.
- DUI Offences: Based on police observations of impairment (e.g., slurred speech, unsteady on feet) and may apply even without a breath test.
Penalties for Drink Driving in South Australia
Penalties include fines and licence disqualifications which depend on the alcohol reading and whether you have prior offences.
For example for a first time offender the following disqualifications apply:
- 0.05% to 0.079% (Category 1) – Minimum 3-month licence disqualification.
- 0.08% to 0.149% (Category 2) – Minimum 6-month disqualification.
- 0.15% or higher (Category 3) – Minimum 12-month disqualification.
- Repeat offences – Disqualification can increase to 3 years or more.
Penalties for Driving Under the Influence (DUI) in South Australia
For a DUI offence in South Australia, penalties include fines and potential imprisonment.
- A first offence carries a fine between $1,100 and $1,600 or up to 3 months imprisonment, along with a minimum 12-month licence disqualification.
- A subsequent offence results in a fine between $1,900 and $2,900 or up to 6 months imprisonment, with a minimum 3-year licence disqualification.
- Courts have discretion to extend these periods but cannot reduce them unless the offence is deemed a first offence and the court is satisfied, by evidence given on oath, that the offence is trifling.
Immediate Licence Disqualification & Court Process
If charged, you may receive an Immediate Loss of Licence (ILOL) notice. This means you cannot drive immediately. Later, you will receive a court summons where penalties may be increased depending on factors like prior offences or aggravating circumstances (e.g., speeding, accidents).
What If You Refuse a Breath Test?
Refusing or failing to provide a breath sample without a lawful excuse leads to automatic disqualification:
- First offence: Minimum 12 month licence disqualification.
- Subsequent offences: Minimum 3 year disqualification.
Some defences may apply, such as medical conditions preventing breath analysis. Our expert legal team can assess whether you have grounds to challenge the charge.
Getting Your Licence Back
- If you receive an ILOL notice, you may apply to the Magistrates’ Court to lift the suspension but only if you have a valid defence.
- If convicted, your licence is cancelled, and you must apply for a new licence after completing the disqualification period.
- Many drivers must complete the Alcohol Interlock Program before regaining full licence status.
Why Choose Us?
With South Australian traffic laws constantly evolving, it is crucial to have an experienced criminal and traffic lawyer on your side.
At Shkambi & Associates, we provide expert legal advice, assess potential defences, and help reduce penalties where possible. Whether you need to challenge a charge or minimise your disqualification period, we are here to help. Contact us today for a consultation.