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Is Drink Driving a Criminal Offence in the ACT?
Andrew Byrnes Law Group • Jun 01, 2020
Have you been charged with a drink driving offence in the ACT? If so, you need to act fast to avoid issues with your reputation and freedom. Talk to a seasoned criminal lawyer at Andrew Byrnes Law Group today to discuss what your available options are.
When it comes to road safety, drink driving has been a notable issue in the Australian Capital Territory (ACT). As events and social activities have normalised here and there, the number of drivers being caught drink driving across the ACT have been doubling at an alarming rate.
Aside from the fact that it affects an individual's visual attention and perception, driving under the influence of alcohol can lead to a higher risk of fatal crashes, thus subjecting the offender to multiple charges of traffic offence and drink driving offence, both ending up as a criminal record.
Significantly, all traffic offences including drink driving may end up costing you a lot more than you think. The loss of your drivers licence, fines, demerit points, and emotional stress—that's just the start!
In this article, we'll go over the possible consequences of drink driving in the Australian Capital Territory (ACT), as well as the laws that surround it. We've also outlined what your next steps should be in the event that you have been charged with this offence.
Drink Driving in the ACT
The Australian Capital Territory (ACT) has been forthright in their battle against drink driving. All traffic offences, whether speeding, drugged driving, and drink driving, should be addressed critically as criminal offences.
According to Section 19 of the Road Transport (Alcohol and Drugs) Act 1977, a person can be charged with drink driving if they drive (or are the driver trainer for an L-Plater in) a motor vehicle on a road or road related area and have in their blood or breath the prescribed concentration of alcohol within the relevant period.
In simple terms, a person caught driving under the influence of alcohol will be subject to go to court to face the corresponding charges of the drink driving offence.
What is the Legal Limit for Driving Under the Influence of Alcohol?
In the Australian Capital Territory (ACT), any alcohol consumed within and beyond your Blood Alcohol Concentration (BAC) of 0.05 will be considered as a criminal offence.
This legal limit is described as the prescribed concentration, which is defined as the following as outlined under Section 4C of the same act:
- More than 0g of alcohol in 100mL of blood or 210L of breath for special drivers (people holding a driver's license that is not issued in Australia, or a license that has expired, or a license that is temporary, or P-Platers and L-Platers).
- More than 0.05g of alcohol in 100mL of blood or 210L of breath for every other person.
This prescribed concentration is tested via a breath analyser or some other type of test. A police officer has the power to administer these tests in the event of a vehicular accident.
However, the law also allows them to carry out these tests should they have a reasonable cause to suspect its necessity.
Is Drink Driving a Criminal Offence?
As noted above, going beyond the given legal limit corresponds to drink driving offences.
In any case, if you have been found to have exceeded this limit, you can be charged with drink driving and punished accordingly. And unless you have been cleared from your drink driving offences, you will be deemed guilty of a criminal offence as listed on your criminal record.
You can be charged at a range of levels, including low, mid and high range.
The Penalties for Drink Driving
There are numerous penalties available for this offence should you be found guilty or plead guilty.
The type of penalty you are likely to receive will depend on different factors such as your level of intoxication, any aggravating factors such as passengers in the car or an accident taking place due to your dangerous driving, your criminal history, balanced against your need for a license and character.
4 Levels of Penalties Based on the PCA
Courts have the authority to impose longer statutory disqualification periods when the offense's conditions call for it. However, they are not permitted to reduce the minimum suspension period stipulated by the Road Transport (Alcohol and Drugs) Act of 1977.
Based on the prescribed concentration of alcohol (PCA) level of the offender, the penalties are separated into four levels:
- Level 1 is the lowest allowed blood alcohol content for drivers
- Level 2 is between 0.05 and 0.079
- Level 3 is between 0.08 and 0.149, and
- Level 4 is at or above 0.15
Penalties for Repeated Drink Driving Offence in ACT
Repeat offenders will be subjected to much higher fines and longer suspensions as reflected on their criminal record.
Level 1 & Level 2
Level 1 and Level 2 PCA offences carry a 10 penalty unit ($1600) punishment and a 12- month disqualification period that can be shortened to as little as three months.
Level 3
Level 3 PCA offences will result in a punishment of 10 penalty units ($1600), up to 6 months in jail, and a 3 year disqualification period that can be shortened to as little as 6 months.
Level 4
The penalties for a Level 4 PCA offence will include a fine of 20 penalty units ($3200) or a term of imprisonment for 12 months. The default disqualification period will be 5 years, with the minimum 12 months, while the default duration will be 5 years.
Types of penalties the court can order may also include:
- A fine.
- Imprisonment (full time, suspended, or served by intensive corrections order).
- Good behaviour orders.
- Non-Conviction Orders pursuant to Section 17 of the Crimes (Sentencing) Act.
- Disqualification of your license.
- An order that an interlock device be fitted to your car.
It's also important to note that apart from these potential outcomes, regardless of whether a criminal conviction is recorded or not, a drink driving offence will appear on your criminal record, which in return, could have severe implications on your employment.
Conclusion
In light of all this, be reminded that drink driving is never a good idea. Not only does it incur you with a drink driving charge and limits your use of a valid drivers licence, but it can also destroy your reputation once you receive a criminal conviction.
Indeed, the potential cost to your life as well as to others is simply too high.
If you are charged with drink driving and need a lawyer to help with your defence, come to us at Andrew Byrnes Law Group for experienced and tailored legal advice. We are leading criminal lawyers serving Canberra, and we'd be happy to fearlessly fight for you.
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