Drink Driving Charges in South Australia: What to Expect
Charged with drink driving in South Australia? Here's how the court process works, what penalties apply, and what options may be available to you.
If you have been charged with a drink driving offence in South Australia, understanding the process and your options is the first step toward resolving the matter. Drink driving charges are taken seriously by the courts, but there are procedures and pathways that may help you achieve the best possible outcome.
What is a PCA offence?
In South Australia, drink driving is prosecuted as a Prescribed Concentration of Alcohol (PCA) offence. The penalty depends on your blood alcohol concentration at the time of the offence. The categories are:
Category 1 (0.05 to less than 0.08): Typically applies to full licence holders. May be dealt with by expiation notice or court.
Category 2 (0.08 to less than 0.15): More serious. Automatic licence disqualification applies, and the matter must go to court.
Category 3 (0.15 or above): The most serious category. Significant disqualification periods apply, and the court may impose heavy fines or imprisonment.
Expiation versus court election
For some lower-range PCA matters, police may issue an expiation notice. Paying the expiation means you accept the offence and the automatic licence disqualification that comes with it.
You can elect to have the matter prosecuted in court instead. This is not an admission of guilt. In the right circumstances, electing to go to court may allow you to argue for a reduced disqualification period or explore other options, such as a section 9C safer driver agreement.
Section 9C safer driver agreements
In some cases, the court may impose a section 9C safer driver agreement. This allows you to drive during part of your disqualification period, provided you install and maintain an alcohol interlock device in your vehicle.
Eligibility depends on your PCA level, driving history, and the circumstances of the offence. Supporting material, including character references and evidence of need, is usually required. We can advise you on whether you are eligible and assist with preparing the application.
Licence appeals
If your licence has been disqualified or suspended, you may be able to appeal to the Magistrates Court. Appeals are strictly time-limited and must be supported with evidence of your need to drive and your good driving character.
Time limits for appeals are tight. If you are considering an appeal, you should seek legal advice as soon as possible to avoid missing the deadline.
Standard penalties and disqualification periods
The court has set minimum disqualification periods for PCA offences, which increase with the concentration of alcohol and whether it is a first or subsequent offence. Fines and the possibility of imprisonment also increase with severity and repeat offending.
The court does have discretion in some cases to reduce disqualification periods or impose alternative arrangements, but this depends on the individual circumstances of the offence and the offender.
What to do next
If you have been charged with a drink driving offence, the steps you take early matter. Document what happened, avoid discussing the matter with police without legal advice, and contact a solicitor who can review your charges and explain your options.
At Terese Wacyk Legal, we assist clients with drink driving matters across South Australia. We can review your charges, advise on whether to elect court or accept an expiation, and represent you if the matter proceeds to hearing.