Drink Driving Charges in South Australia: Offences, Penalties and Your Options
Charged with a drink driving offence in South Australia? Here's a plain-English guide to PCA and DUI offences, the penalties that apply, and how we can help.
Have you been charged with a drink driving offence? Speak with us early as serious penalties could follow.
There are two drink driving offences in South Australia:
- Driving while having a prescribed concentration of alcohol in blood (PCA); and
- Driving under the influence (DUI).
A potential drink driving conviction will depend on your driving history, with penalties ranging from $1,100 to $2,900, 4 to 6 demerit points and 3 months to 3 years licence disqualification.
Here are the facts.
Sentencing
So, you’ve pleaded guilty or have been found guilty of a drink driving offence. What happens next?
Most offences carry a minimum penalty. A more serious offence and any previous convictions may amount to a higher penalty. A DUI offence will generally carry a higher penalty (including the possibility of imprisonment) than a PCA offence.
In the case of a non-motor vehicle the penalty is a $500 fine.
How we can help
If you honestly believe that you were under the limit and have reasonable grounds for this belief, you may be able to argue a defence in your particular circumstance. However, each case will depend on the factual circumstances and will require specific preparation — that is why you should speak with one of our lawyers early for the best results.
While the law imposes minimum penalties for drink driving offences, the Court has the power to impose a higher penalty.
Our job is to minimise any penalty you face in the sentencing stage by making submissions to the Court in relation to your particular background and circumstances, and to identify any mitigating factors.
Mitigating factors (i.e. factors indicating you should get a lower penalty) include the following:
- Having no prior offence (i.e. having a “clean record”).
- Your financial situation and ability to pay fines (e.g. your income and expenses).
- Your physical and mental condition.
- Your cooperation with the officers.
- Whether you have any dependents.
- Whether there is a risk that you will lose your employment.
- Any “misfortunes” or unfortunate circumstances you face.
- Whether you’ve demonstrated remorse for your actions.
- Whether you have demonstrated prospects of rehabilitation.