In South Australia, the Road Traffic Act 1961 contains the offences that a person may be charged with if they are caught drink driving. These offences attract fines, licence disqualification periods and terms of imprisonment. This page deals with drink driving in South Australia.
Three categories of drink driving
In South Australia, under section 47B of the Road Traffic Act 1961, there are three categories of drink driving offence. These are:
- Category 1, where a driver has a blood alcohol content (BAC) of less than .08
- Category 2, where a driver has a BAC of .08 to .15
- Category 3, where a driver has a BAC of .15 or more
Penalties for drink driving
The penalties that apply to drink driving offences in SA depend on the category of the offence and whether is it the offender’s first, second or third offence.
First offence
A person who commits their first Category 1 offence faces a fine of $824 if the matter is dealt with by way of an on-the-spot fine, or $1100 if it is dealt with by a court, and a minimum three months’ disqualification from driving.
A person who commits their first Category 2 offence faces a fine of between $900 and $1300 and a minimum six months’ disqualification.
A person who commits their first Category 3 offence faces a fine of between $1100 and $1600 and a minimum of 12 months’ disqualification.
Second offence
A person who commits their second Category 1 offence faces a fine of $1100 and a minimum six months’ disqualification from driving.
A person who commits their second Category 2 offence faces a fine of between $1100 and $1600 and a minimum 12 months’ disqualification from driving.
A person who commits their second Category 3 offence faces a fine of between $1600 and $2400 and a minimum of three years’ disqualification from driving.
Third offence
A person who commits their third Category 1 offence faces a fine of $1100 and a minimum of nine months of disqualification from driving.
A person who commits their third Category 2 offence faces a fine of between $1500 and $2200, and a minimum of two years disqualification from driving.
A person who commits their third Category 3 offence faces a fine of between $1900 and $2900 and a minimum of three years disqualification from driving.
Driving under the influence
Under section 47 of the Road Traffic Act 1961, a person commits an offence if they are under the influence of alcohol to the point of not being capable of exercising effective control of the vehicle. A person will be found to have been incapable of exercising proper control of a vehicle if any of their physical or mental faculties is appreciably impaired. Unlike the other drink driving offences, this offence does not require the accused to have recorded a particular BAC.
A person found guilty of driving a motor vehicle while under the influence (DUI) is subject to the following penalties:
- For a first offence, a fine of between $1100 and $1600 or imprisonment for up to three months
- For a subsequent offence, a fine of between $1900 and $2900 or imprisonment for up to six months.
If a person is found guilty of driving a motor vehicle while under the influence, they will be disqualified from driving for at least 12 months. If a person is found guilty of a second DUI offence, they will be disqualified for at least three years.
A person found guilty of driving a vehicle that is not a motor vehicle while under the influence – such as a bicycle or animal-drawn vehicle – can be fined $500.
Demerit points
A driver is South Australia who accumulates 12 or more demerit points in a three-year period will be disqualified from driving.
A person who accrues 12 to 15 points within this period will be disqualified for three months. A person who accrues 16 to 20 points will be disqualified for four months and a person who accrues more than 20 points will be disqualified from holding a licence for five months.
A person accrues four demerit points for Category 1 drink driving, five points for a Category 2 offence and six points for a Category 3 offence. DUI offences also result in six demerit points.
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