Drink Driving Penalties (ACT)
Drink Driving Penalties (ACT)
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In the ACT, drink driving offences attract fines, disqualification periods, and terms of imprisonment. While a first offence of low-range drink driving may be dealt with by a traffic infringement, all other drink driving matters must go to court. This page outlines the drink driving offences and penalties that apply in the ACT.
Penalties for first offences
The penalties for first offences of drink driving are outlined below.
Zero alcohol limit
If you are classed as a special driver (level 1) and required to have a blood alcohol content (BAC) of zero, and you are caught driving with any alcohol in your system, then you can expect to receive a fine of 5 penalty units and a default disqualification period of one month, which can be reduced to a minimum of three months.
Low range (0.05 – 0.79)
If you are caught driving with a low-range BAC, you will receive a fine of 5 penalty units and a default disqualification period of six months, which can be reduced to a minimum of two months.
Mid-range (0.8 – 0.149)
If you are caught driving with a mid-range BAC, you will get a fine of 10 penalty units and/or a term of imprisonment for up to six months, and a default disqualification period of 12 months, which can be reduced to a minimum of three months.
High range (0.15 and higher)
If you are caught driving with a high range BAC, you will get a fine of 15 penalty units and/or a term of imprisonment of up to nine months. You will also be disqualified for a default period of three years, which can be reduced to a minimum of six months. The likelihood of the period being reduced this low is remote unless you have very persuasive submissions as to why the circumstances warrant such leniency.
High range (aggravated offence) (0.15 and higher)
There is also an alternative offence that you can be prosecuted for in relation to high range drink driving.
You may be charged with this offence if you are a repeat offender or if the offence occurs under aggravating circumstances – for example, your drink driving resulted in a car accident.
This offence carries a fine of 20 penalty units, a maximum term of imprisonment of 12 months, default disqualification of five years, which can be reduced to 12 months.
Penalties for repeat drink driving offences
Repeat drink driving offenders will incur larger fines and longer disqualification periods. The more drink driving offences you commit, the more likely it is that a term of imprisonment will be imposed, and the less likely the magistrate is to reduce the default disqualification period.
For a second low-range drink driving offence, the maximum penalty is a fine of 10 penalty units or imprisonment for three months, and disqualification from driving for 12 months.
For a second mid-range drink driving offence, the maximum penalty is a fine of 20 penalty units or imprisonment for nine months, and disqualification from driving for three years.
For a second high range drink driving offence, the maximum penalty is a fine of 30 penalty units or imprisonment for 18 months, and disqualification from driving for five years.
Penalties for non-BAC offences
The Act also has drink driving offences that don’t rely on a BAC reading. These include driving under the influence, refusing to provide a breath sample, refusing to provide a blood sample, and failing to stay for a screening test.
A person who commits one of these offences for the first time will incur a penalty of a fine at the court’s discretion or a term of imprisonment of up to six months, and a default disqualification period of three years.
Repeat offenders can expect a hefty fine probably equivalent to a high-range drink driving offence, and/or a term of imprisonment of 12 months. They will also be disqualified from driving for five years. However, this may be reduced to a minimum of 12 months.
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