Call our lawyers
now
or,
have our lawyers
call you
Drink Driving and Penalties in South Australia
Updated on Dec 12, 2022 • 3 min read • 523 views • Copy Link
Drink Driving and Penalties in South Australia
If you are convicted of drink driving in South Australia, you will receive a fine and a licence disqualification period. You will also accrue demerit points against your licence. The amount of the fine and the length of the disqualification period imposed depend on the offence you are found guilty of and your driving history. This article outlines the drink driving offences that exist in South Australia and the penalties that apply to them under the Road Traffic Act 1961.
Drink driving offences
In South Australia there are three drink driving categories. These are category 1, where a driver records a PCA of 0.05 to 0.079; category 2, where they record a PCA of 0.08 to 0.149; and category 3 where they record a PCA of 0.15 or higher. The penalties that apply to each category of drink driving are set out in section 47B of the Road Traffic Act 1961.
Penalties for first offences
If you are charged with a category 1 drink driving offence, and it is your first offence, then you will receive an expiation notice with a fine and four demerit points.
If you choose to have a category 1 drink driving matter dealt with in court and are not successful, the court penalty is $1100 fine and three months disqualification.
If you commit a category 2 drink driving offence then you can expect to receive five demerit points, a fine of between $900 to $1300, and a minimum disqualification period of six months.
Category 3 drink driving offences will incur six demerit points, a fine of $1100 to $1600, and a minimum of 12 months disqualification.
Penalties for second, third and subsequent offences
For the purpose of penalty determination by the magistrate previous drink driving offences will be taken into consideration if you have committed a previous category 1 offence in the last three years or a previous category 2 or 3 offence in the last five years.
For a second drink driving category 1 offence the penalty will be a fine of $1100, and a disqualification of 6 months. For a third offence the disqualification is increased to 9 months, with it increasing to a minimum of 12 months for subsequent offences. Category 2 offences will incur a fine of $1100 to $1600, and a 12 month disqualification. Third and subsequent offences will result in a fine of between $1500 to $2200, and a minimum disqualification of 2 years. For second, third and subsequent category 3 offences the penalties will include a fine ranging from $1600 through to $2900, and a minimum disqualification period of 3 years. In addition to the fine and disqualification period you will also lose between 4 to 6 demerit points depending on your PCA reading.
Penalties for non-BAC drink driving offences
Other drink driving offences that do not rely on the PCA reading include driving under the influence (DUI) and refusing to participate in a breath analysis. Both of these offences will attract five demerit points, a fine of between $1100 to $1600, and a disqualification period of a minimum of 12 months (for a first offence).
Subsequent offences will result in a fine of $1900 to $2900, and a disqualification of a minimum of three years. For a DUI charge, the magistrate may impose a term of imprisonment of not more than three months for first offence, and up to six months for subsequent offences (instead of imposing a fine).
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Fernanda Dahlstrom
Content Editor
Fernanda Dahlstrom has a Bachelor of Laws from Latrobe University, a Graduate Diploma in Legal Practice from the College of Law, a Bachelor of Arts from the University of Melbourne and a Master of Arts (Writing and Literature) from Deakin University. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practised in family law after moving to Brisbane in 2016.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Refusing a Blood Test in Queensland
In Queensland, police may conduct random breath/saliva tests to determine whether a person was driving under the influence of drugs or alcohol. Queensland police also have the power to conduct blood tests in certain circumstances. Failing to comply with a blood test may result in a term of licence suspension, ....
Posted in:
Blood / Breath Tests
South Australia Drink Driving Law
Drink Driving Lawyers South Australia There are three different types of drink driving offences in South Australia: exceeding the prescribed concentration of alcohol (PCA), driving under the influence (DUI), and refusing to provide a breath/blood sample. The most serious is driving under the influence (DUI), as this means you were so intoxicated ....
Drink Driving Penalties in Queensland
In Queensland, if a person is caught driving while under the influence of alcohol, or with more than the maximum prescribed blood alcohol content (BAC), they will be charged with an offence. The penalties for drink driving offences are set out in the Transport Operations (Road Use Management) Act 1995. This ....
Posted in:
Penalties & Laws
Breath Testing in the ACT Breath testing in the ACT is regulated by the Road Transport (Alcohol and Drugs) Act 1977. Under this Act, police officers can, in certain circumstances, require a driver to undertake a breath test for the purposes of determining whether they have driven a motor vehicle under ....
Posted in:
Blood / Breath Tests
Police officers in Tasmania have broad powers to require you to undertake a breath test, whether or not they suspect that you have driven a motor vehicle under the influence of alcohol. The rules for how breath tests are conducted are contained in the Road Safety (Alcohol and Drugs) Act ....
Posted in:
Blood / Breath Tests
Refusing a breath test in South Australia
Refusing a breath test in South Australia It is an offence to drive in South Australia with a prescribed concentration of alcohol in your blood. Police have the power to breath test drivers on a random basis or when they suspected of having been involved in an accident. Refusing a ....
Posted in:
Blood / Breath Tests
In Queensland, the Transport Operations (Road Use Management) Act 1995 and the Criminal Code Act 1899 outline a number of offences relating to drug driving and give police the power to conduct random roadside saliva testing for various illegal drugs and prescription medications. Testing procedure Queensland Police may require drivers to take part in ....
Posted in:
Penalties & Laws
Blood Testing in Drink Driving Cases in Queensland
In Queensland, blood testing of drivers for alcohol is governed by the Transport Operations (Road Use Management ) Act 1995. This page deals with alcohol blood testing in Queensland. When a DUI blood sample can be taken Under section 80 of the Transport Operations (Road Use Management) Act 1995, the Queensland ....
Posted in:
Blood / Breath Tests
In, Western Australia police have the power to subject drivers to tests to check for the presence of alcohol or drugs in their body. The Road Traffic Act 1974 sets out the procedures that police must follow when conducting breath, saliva and blood tests and the circumstances under which a ....
Posted in:
Blood / Breath Tests
Drink Driving Blood Tests in Western Australia
In Western Australia, under the Road Traffic Act 1974, a police officer can require a driver in certain circumstances to give a sample of their blood to determine whether they have committed an offence by driving a motor vehicle with alcohol in their blood, or while under the influence of ....
Posted in:
Blood / Breath Tests
Blood Testing in Drink Driving Cases in South Australia
Blood Testing in Drink Driving Cases in South Australia The laws on blood tests for charges of driving under the influence in South Australia are set out in the Road Traffic Act 1961 and the Road Traffic (Miscellaneous) Regulations 2014. A blood test can be ordered by police or it can be obtained by ....
Posted in:
Blood / Breath Tests
Refusal of Breath Testing in Australia
Refusal of Breath Testing in Australia Every State and Territory in Australia has laws regarding the maximum concentration of alcohol a driver is allowed to have in his or her body when driving or riding a vehicle. The main way these laws are policed and enforced is through random breath ....
Posted in:
Blood / Breath Tests