Driving under the influence of alcohol remains one of the most preventable causes of road accidents. But, despite ongoing awareness campaigns and strict legal penalties, it continues to be a contributing factor in approximately one-third of road fatalities in South Australia, devastating families and communities each year.
With the Easter long weekend approaching, it is more important than ever to remain mindful of the risks. Drink driving has serious and potentially life-changing consequences, not only for the driver but for others on the road.
What exactly is drink driving?
‘Drink driving’ refers to:
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- Driving with alcohol present in your system, or
- Driving with a blood alcohol concentration (BAC) above the legal limit.
These laws are in place to protect the safety and wellbeing of all road users. Alcohol can significantly impair a driver’s physical and cognitive abilities, leading to:
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- Reduced ability to process surroundings
- Difficulty concentrating
- Impaired vision and hearing
- Slower reaction times
- Reduced coordination and increased unsteadiness
Police may test drivers using roadside breath testing (RBT) devices or approved breath analysis equipment. These measure your BAC and determine whether you are over the legal limit.
Penalties in South Australia
Penalties for drink driving vary depending on your BAC level and the nature of the offence. As a general guide for a first offence:
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- BAC 0.05-0.079 (Low range): Expiation Fee and 4 demerit points, or court-imposed penalties including a minimum 3-month disqualification.
- BAC 0.08-0.149 (Mid range): Fine of approximately $900-$1,300, 5 demerit points, and a minimum 6-month licence disqualification.
- BAC 0.15 or higher (High range): Fine of approximately $1,100-$1,600, 6 demerit points, and a minimum 12-month licence disqualification.
- DUI or refusal to provide a breath sample: Fine of approximately $1,100-$1,600, 5-6 demerit points, a minimum 12-month disqualification, and possible imprisonment.
What to expect if you are charged
If you are charged with a drink driving offence, you may be required to attend the Magistrates Court, depending on the severity of the matter. The court will consider factors such as:
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- Your BAC level
- Your driving history (including prior offences)
- Any aggravating circumstances
You may have the option to plead guilty, which, in some cases, can result in a reduced penalty. You can also contest the charge. This may involve challenging the accuracy of the BAC reading, identifying procedural errors, or disputing whether you were driving. However, every situation is different, and both options carry their own risks.
Staying safe on the road
The safest option is simple: if you are driving, avoid consuming alcohol. The consequences of drink driving extend far beyond legal penalties and can have lasting impacts on you, your loved ones, and the wider community.
As we approach the Easter long weekend, we encourage everyone to plan ahead and make safe choices on the road.
If you have been charged with a drink driving offence and would like to discuss your options, contact the team at Pascale Legal today on (08) 8250 0404, or visit our website.