Drink Driving (DUI or PCA) Offences

General information only — not legal advice. Penalties and section numbers change; speak with us about your specific circumstances. Call (02) 6210 1075.

Drink driving — known in the legislation as driving with a prescribed concentration of alcohol (PCA) or driving under the influence (DUI) — is the most common criminal driving charge in the ACT. Andrew Byrnes Law Group defends drink driving matters across the ACT Magistrates Court daily. Deliberately Different.

Drink driving under ACT law

The principal statute is the Road Transport (Alcohol and Drugs) Act 1977 (ACT). The Act creates two distinct offences:

• PCA — Prescribed Concentration of Alcohol — driving with a blood or breath alcohol reading above the prescribed limit. No proof of impairment is required.
• DUI — Driving Under the Influence — driving while impaired by alcohol or a drug, proven by observation, driving behaviour and medical evidence. Reading not required.

ACT alcohol limits and offence ranges

The PCA offence is graded by reading:

• Special range — for learner, provisional and professional drivers required to remain at zero. Any detectable reading.
• Low range — 0.05 to under 0.08
• Mid range — 0.08 to under 0.15
• High range — 0.15 and above

Each range attracts escalating fines, disqualification periods and prospects of imprisonment. Categories and exact thresholds are set out in the Road Transport (Alcohol and Drugs) Act 1977 (ACT).

What police must prove

• The accused was driving or in charge of a motor vehicle on an ACT road or road-related area
• The breath or blood reading exceeded the prescribed limit (for PCA) or the accused was impaired by alcohol (for DUI)
• The testing procedure complied with the Road Transport (Alcohol and Drugs) Act 1977 (ACT)

Charged with drink driving in Canberra? Call (02) 6210 1075 before pleading.

Defences available in the ACT

• Testing irregularity — chain of custody, calibration, certificate compliance, time intervals between detection and analysis
• Honest and reasonable mistake — limited application
• Identification — was the accused the driver
• Not driving on a road — private property carve-outs
• Procedural challenges — illegal stop, defective notice

Section 17 non-conviction orders

Section 17 of the Crimes (Sentencing) Act 2005 (ACT) allows the ACT Magistrates Court to deal with a matter without recording a conviction, where justified by character, antecedents, age, health, mental condition, the trivial nature of the offence, or extenuating circumstances.

Call (02) 6210 1075 to discuss saving your licence and record.

Frequently asked questions

What is the legal alcohol limit for driving in the ACT?

The general legal limit is 0.05 blood alcohol concentration. Learner, provisional and professional drivers (heavy vehicles, taxis, ride-share) must be at zero under the Road Transport (Alcohol and Drugs) Act 1977 (ACT).

Will I lose my licence for low-range drink driving?

Yes. Automatic licence disqualification applies for all PCA ranges in the ACT, with mandatory minimum periods set in legislation. The court can set the disqualification within statutory limits and, in some cases, decline to record a conviction under section 17 of the Crimes (Sentencing) Act 2005 (ACT).

Can I get a section 17 non-conviction order for drink driving?

Achievable for first-offence low and mid-range PCA matters with strong character evidence, references, and a defensive driving course completed. Less likely for high-range, refusal, or repeat offences. Each matter turns on specific circumstances and mitigation.

What happens if I refuse a breath or blood test?

Refusing or failing to comply with a lawful direction to provide a breath or blood sample is itself an offence under the Road Transport (Alcohol and Drugs) Act 1977 (ACT). Penalties broadly match high-range PCA. Refusal is rarely the right strategic choice.

Does the ACT have a work licence scheme?

No. Unlike some other Australian jurisdictions, the ACT does not have a broad work licence scheme. Disqualification periods can only be minimised through a careful plea in mitigation aimed at the shortest possible disqualification, or a section 17 non-conviction outcome.

Important — not legal advice

This page provides general information about ACT criminal law. It is not legal advice and must not be relied on as such. Laws, penalties, and section numbers change, and how the law applies depends on your specific circumstances. For advice tailored to your situation, contact Andrew Byrnes Law Group on (02) 6210 1075 or via our contact page.