Is Drink Driving a Criminal Offence in the ACT?

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?

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.



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:

1. Level 1 is the lowest allowed blood alcohol content for drivers
2. Level 2 is between 0.05 and 0.079
3. Level 3 is between 0.08 and 0.149, and
4. 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.