When a person is caught drink driving in the ACT, they must appear before the Magistrates Court. The court may impose a fine and a disqualification period, or even a term of imprisonment. The amount of the fine and the length of the disqualification period that applies for each offence is outlined in the Road Transport (Alcohol and Drugs) Act 1977.
Four level of drink driving
In the ACT, there are four levels of drink driving.
- Level 1 (0.01 to 0.05) This applies to drivers with a zero-alcohol limit.
- Level 2 (0.05 to 0.079)
- Level 3 (0.08 to 0.149)
- Level 4 (0.15 and higher)
Penalties for drink driving in the ACT
The penalties that apply to drink driving offences in the ACT are set out in the table below.
| Offence | Fine | Imprisonment | Default disqualification period | Minimum disqualification period |
|---|---|---|---|---|
| Level 1 (first offence) | 5 penalty units | - | 3 months | 1 month |
| Level 1 (subsequent offence) | 10 penalty units | - | 12 months | 3 months |
| Level 2 (first offence) | 5 penalty units | - | 6 months | 2 months |
| Level 2 (subsequent offence) | 10 penalty units | - | 12 months | 3 months |
| Level 3 (first offence) | 10 penalty units | 6 months | 12 months | 3 months |
| Level 3 (subsequent offence) | 10 penalty units | 6 months | 3 years | 6 months |
| Level 4 (first offence) | 15 penalty units | 9 months | 3 years | 6 months |
| Level 4 (subsequent offence) | 20 penalty units | 12 months | 5 years | 12 months |
Penalty units
In the ACT, fines are imposed as a number of penalty units. The value of a penalty unit changes over time as the value of money changes.
The current value of an ACT penalty unit when an offence is committed by an individual is $160.
Default disqualification period or minimum disqualification period?
The default disqualification period that applied to an offence is the term of licence suspension that will apply if the court does not specifically order otherwise. However, a court may reduce the period of disqualification in recognition of extenuating circumstances. The minimum disqualification period stipulated above represents the shortest suspension period that the court has the power to impose.
Imprisonment for drink driving in the ACT
A person who commits a serious drink driving offence in the ACT may be sentenced to imprisonment. The more drink driving offences a person commits, the more likely they are to be sentenced to imprisonment. When a person has numerous prior drink driving offences, the court will also be less likely to deviate from the default disqualification period.
Repeat offenders are also likely to incur a far larger fine.
Other drink driving offences in the ACT
In the ACT, there are also other drink driving offences that don’t require a particular BAC reading to have been recorded. These include driving under the influence, refusing to provide a breath sample, refusing to provide a blood sample, and failing to stay for a screening test.
These offences attract a term of imprisonment of up to six months, and a default disqualification period of three years (for a first offence). Repeat offenders can expect a hefty fine (usually equivalent to a Level 4 PCA offence), and/or a term of imprisonment of up to 12 months. They will also be disqualified from driving for a period of five years (which can be reduced to six or twelve months depending on whether it is a first or subsequent offence).
Pleading guilty to drink driving in the ACT
When a person is charged with drink driving in the ACT, they may want to finalise the matter by pleading guilty. This can sometimes occur on the first occasion they attend court. In other cases, the matter may need to be adjourned to give the accused time to obtain legal advice and seek supporting material.
A person who is pleading guilty may want to tender the following supporting material to the court:
- Character references from people who know them and are aware of the charges;
- Evidence of any steps they have taken to address the causes of the offending (such as taking part in alcohol treatment programs)
Pleading not guilty to drink driving in the ACT
When a person is charged with drink driving in the ACT, they may want to plead not guilty. When a person contents driving offences, they must go through the same processes as a person contesting criminal charges. The prosecution bears the burden of proving them guilty and they may adduce evidence in their defence.
Situations where a person may contest a drink driving charge include:
- where they were not the driver of the vehicle;
- where the BAC reading was incorrect;
- where they had become intoxicated involuntarily;
- where they were driving because of an emergency situation.
It is important to remember that it is not a defence to a charge of drink driving that the accused believed they had drunk less than they actually had, or where they believed their BAC was below the legal limit.
If you require legal advice or representation in any legal matter, please contact Taylor Rose.
