DUI & PCA - The Two Types of Drink Driving Offences

Have you been caught driving under the influence of drugs or alcohol and is now facing a penalty in court? Talk to a drink driving lawyer in Canberra today for expert legal advice.

What is a DUI?

Driving Under the Influence or more commonly known as DUI generally refers to driving a vehicle while under the influence of drugs or alcohol. While the law on drink driving is the same in all territories and states in Australia, the penalties and sanctions imposed upon different states may vary depending on the severity of the offence. In most jurisdictions, however, this can lead to criminal charges and penalties, including fines, licence suspension or revocation, and even imprisonment.

Blood Alcohol Consumption Limit

In Canberra, a standard drink contains 10 grams of alcohol which is the average amount that the body can process in one hour.

• For most drivers in the ACT, the legal blood alcohol limit is 0.05 grams of alcohol per 100 millilitres of blood or 210 litres of exhaled breath.
  
• For special drivers, the blood alcohol limit is zero. This means that if a special driver has any alcohol in their system while operating a motor vehicle, then that person is subject to an offence.

A special driver includes:

• learner drivers (L-platers), provisional, probationary (P-platers), limited, or one with an interlock requirement
• professional drivers (CPVs, heavy trucks, buses and taxis)
• an operator of a taxi, ride-sharing vehicle, bus, light rail, or hire car
• dangerous goods driver
• heavy vehicle driver with a GVM or GCM greater than 15 tonnes
• driver trainers or driver instructors engaged in driver training
• drivers with no licence
• drivers who hold a foreign licence
  

Driver Testing

Accidents are common when there are drunk and drugged drivers in roadways. Hence, by getting rid of such drivers, the possibility of significant injuries or fatal collisions can be decreased.

Drink Driving

In the ACT, if the police suspects that you may be drinking while driving, the police will administer breathalyser tests at random breath testing (RBT) checkpoints.

In the event that your breath test reading is 0.05% or higher, you will be required to take a second test at a police station. If the outcome of your second test shows that you have exceeded the permissible limit, you could potentially face charges for driving under the influence (DUI) of alcohol.

Drug Driving

Contrary to alcohol that has a legal limit, any amount of drugs found in your system while operating a motor vehicle is instantly subjected to an offence. As launched by the ACT Policing in May 2011, the Random Roadside Drug Testing (RRDT) might occur anytime and anywhere to test whether the following drugs are present in a driver.

• Cannabis
• Methylamphetamine (speed and ice)
• MDMA (ecstasy)

Before the driver can be accused of an offence, the RRDT procedure entails three steps, with the first two steps completed by police officers working on the roadside.

The first step is to use an oral test that is followed immediately by a preliminary oral fluid analysis through a Drug Detection System. If the person wasn’t able to provide a saliva sample, a blood test can be used. The ACT Government Analytical Laboratory (ACTGAL) then requires a third ‘confirmative’ positive laboratory test before the driver can be charged.

For Drink Driving

Depending on the alcohol level that exceeded the concentration limit and as found in the driver’s system, offences and penalties for drink driving may vary. x

Level 1 (less than 0.05g)

Maximum Penalty – First offender

• 5 penalty units
• 1 month minimum disqualification
• 3 month default disqualification
  

Repeat offender

• 10 penalty units
• 3 month minimum disqualification
• 12 month default disqualification
  

Level 2 (prescribed concentration of alcohol between 0.05 and 0.08)

Maximum Penalty – First offender

• 5 penalty units
• 2 month minimum disqualification
• 6 month default disqualification
  

Repeat offender

• 10 penalty units
• 3 month minimum disqualification
• 12 month default disqualification
  

Level 3 (prescribed concentration of alcohol of between 0.08 and 0.15)

Maximum Penalty – First offender

• 10 penalty units and/or 6 months imprisonment
• 3 month minimum disqualification
• 12 month default disqualification

Repeat offender

• 10 penalty units and/or 6 months imprisonment
• 6 month minimum disqualification
• 3 year default disqualification
  

Level 4 (BAC test of 0.15 or higher)

Maximum Penalty – First offender

• 15 penalty units and/or 9 months imprisonment
• 6 month minimum disqualification
• 3 year default disqualification
  

Repeat offender

• 20 penalty units and/or 12 months imprisonment
• 12 month minimum disqualification
• 5 year default disqualification
  

A person found guilty of a Level 4 drink driving offence in the ACT, or who has committed two or more drink driving offences in the previous five years, will be subject to a mandatory interlock requirement on their driver’s licence after a period of licence suspension.

For Drug Driving

Drivers under the influence of drugs shall appear before the court to face the possible charges. Depending on the severity of the case, the drug driver can be charged with a fine, suspension of driver’s licence, or face a penalty of imprisonment for repeated offenders.

Driving under the influence of drugs is an offence. Refusing to submit an oral sample is likewise illegal. Thus, possible penalties and punishments for this offence might include fines, imprisonment, and completion of an alcohol and drug awareness course are all possible punishments.

In the ACT, it is against the law for drivers to operate a vehicle while under the influence of any drug, whether it is a controlled substance, prescription medication, or otherwise. The offence has two components: 

(1) the individual was under the influence of a liquor or drug; and 

(2) the influence of the substance must be significant enough to impair the driver's ability to control the vehicle properly. 

This law applies to all types of drugs, including prescription medications such as morphine, methadone, and oxycodone, as well as illicit substances like heroin and fentanyl.

Penalties for Driving with a Prescribed Drug

Penalties for first-time offenders caught driving with a prescribed drug in their system may include a:

• maximum fine of ten penalty units and a 
• minimum of 6 months disqualification from driving (with a maximum of 3 years). 

While a repeat offender can face:

• a maximum court fine of 25 penalty units
• 6 months imprisonment
• minimum 12-month disqualification from driving (which can last up to 5 years).
  

Penalties for Driving Under the Influence of Drugs

Drivers who are found guilty of driving under the influence can face a: 

• maximum court fine of 30 penalty units and/or six months' imprisonment
• 6 months minimum disqualification from driving (with a maximum of 3 years for first-time offenders). 

While a repeat offender can face:

• maximum court fine increases to 30 penalty units
• the minimum disqualification period rises to 12 months (with a maximum of 5 years).

All drivers who are found guilty of driving under the influence of drugs are subject to complete an alcohol and drug awareness course prior to the end of suspension and before a restricted or probationary licence can be given.

What is a PCA?

PCA stands for Prescribed Concentration of Alcohol, which is a measure of the amount of alcohol in a person's breath or blood. In many jurisdictions in Canberra, it is a criminal offence to drive with a PCA above a certain limit, typically 0.05 or 0.08 percent. 

Under the Road Traffic Act 1961 (SA) s. 47A, the PCA limit for drivers who hold an unconditional licence is 0.05 blood alcohol concentration (BCA), while the PCA limit for unlicensed drivers and drivers of ‘prescribed vehicles’ is zero.

Prescribed vehicles include:

• Have a gross vehicle mass of 15 tonnes above
• a prime mover having an unladen mass of more than 4 tonnes
• Whether carrying passengers or not, a bus that has a capacity of more than 12 people (including the driver)
• Whether or not passengers are being carried, a motor vehicle that is used to transport people for hire, business, or community purposes and is primarily designed to hold between 8 and 12 people 
• a vehicle used to transport people for hire

a vehicle delivering hazardous materials, as defined under the Dangerous Substances Act of 1979

Penalties for Violating the Prescribed Concentration Limit 

Based under the Road Traffic Act 1961 (SA) s. 47B

First Offence

For PCA 0.05-0.079,

• an expiation fee of $786
• 4 demerit points or equivalent to $1,100 for court penalty
• 4 demerit points and licence disqualification of not less than 3 months

For PCA 0.08-0.149

• an expiation fee of $900-$1,300
• 5 demerit points and immediate licence disqualification of not less than 6 months

For PCA 0.15 or over

• an expiation fee of $1,100-$1,600
• 6 demerit points and automatic licence disqualification of not less than 12 months
  

Second Offence

For 0.05-0.079

• an expiation fee of $1,100
• 4 demerit points and licence disqualification of not less than 6 months

For 0.08-0.149

• an expiation fee of $1,100-$1,600
• 5 demerit points and automatic licence disqualification of not less than 12 months

For 0.15 or over

• an expiation fee of $1,600-$2,400
• 6 demerit points and automatic licence disqualification of not less than 3 years
  

Third Offence

For 0.05-0.079

• an expiation fee of $1,100
• 4 demerit points and licence disqualification of not less than 9 months

For 0.08-0.149

• an expiation fee of $1,500-$2,200
• 5 demerit points and automatic licence disqualification of not less than 2 years

For 0.15 or over

• An expiation fee of $1,900-$2,900
• 6 demerit points and automatic licence disqualification of not less than 3 years
  

What is the difference between DUI & PCA?

Like DUI, PCA offences can result in fines, licence suspension, and imprisonment. However, PCA offences do not necessarily require a person to be under the influence of drugs or alcohol but merely having a high enough PCA is sufficient for a conviction. 

With a PCA charge, your physical state and behaviour are not considered but a blood sample or Breathalyzer proof must be provided to prove the charge. On the other hand, a DUI charge considers your behaviour and demeanour as evidence that you were driving under the influence of alcohol. 

Speak With An Experienced Drink Driving Lawyer Today

Drink driving is a serious offence that kills thousands of people every year in Canberra. The consequences of drunk driving are severe that it can result in a charge, restricted driving privileges, and even a criminal record which can harm your reputation. Furthermore, the impact of drunk driving can also extend to others' lives beyond your own, as you may cause harm to other drivers, passengers, and pedestrians on the road.

If you have been found guilty for driving under the influence of drugs or alcohol, you may face serious charges in court and even lose your licence. Speak with a skilled and experienced lawyer today at Andrew Byrnes Law Group to get the best legal advice and defence strategies to address your case. Let us help you minimise your potential penalties and work on getting your charges dismissed.