Drink Driving
For many people, appearing in court as a defendant can be a very daunting experience. If you have been charged with an offence that requires an appearance in court, City First Solicitors can help. We aim to provide a personalised, friendly and high quality service to our clients.
Arrests for drink driving
An arrest for DUI (Driving Under the Influence) depends entirely on the judgement of the arresting officer. Suspicion of DUI is generally based upon the driver’s behaviour; swerving, drifting, tailgating, and erratic braking are common causes for DUI stops. If the officer suspects intoxication, he or she will administer a breath test. Refusal to cooperate with DUI tests can result in automatic revocation of the driver’s license.
Levels of alcohol concentration
level 1 less than 0.05g
level 2 0.05g or more but less than 0.08g
level 3 0.08g or more but less than 0.15g
level 4 0.15g or more
What penalties can a court impose for drink driving?
The table below summarises the penalties for drink driving offences.
Penalties for drink driving in the ACT
|
| Alcohol concentration (BAC) | Penalty | Minimum disqualification period | Default disqualification period |
| SPECIAL DRIVERS | Level 1 More than zero grams but less than .05 grams | First offence - Fine not exceeding $550 Repeat offence - Fine not exceeding $1100 | First offence - 1 month Repeat offence - 3 months | First offence - 3 months Repeat offence - 12 months |
| ALL DRIVERS | Level 2 .05 grams or more but less than .08 grams | First offence - Fine not exceeding $550 Repeat offence - Fine not exceeding $1100 | First offence - 2 months Repeat offence - 3 months | First offence - 6 months Repeat offence - 12 months |
| Level 3 .08 grams or more but less than .15 grams | First offence - Fine not exceeding $1100 or imprisonment for a period not exceeding 6 months, or both Repeat offence - Fine not exceeding $1100 or imprisonment for a period not exceeding 6 months, or both | First offence - 3 months Repeat offence - 6 months | First offence - 12 months Repeat offence - 3 years | |
| Level 4 .15 grams or more | First offence - Fine not exceeding $1650 or imprisonment for a period not exceeding 9 months, or both Repeat offence - Fine not exceeding $2200 or imprisonment for a period not exceeding 12 months, or both | First offence - 6 months Repeat offence - 12 months | First offence - 3 years Repeat offence - 5 years |
Note 1: For some offences, different penalties may apply to special drivers who are driver trainers.
Note 2: A level 1 Alcohol Concentration only applies to Special Drivers, such as taxi, bus, hire car, learner, provisional, probationary, restricted, heavy vehicle, dangerous goods vehicle etc.
- In addition, under the Crimes (Sentencing) Act 2005, a court can make a good behaviour order or a reparation order.
- The court can order a person to undertake a rehabilitation program, such as the Sober Driver Program run by ADFACT, as a condition of a good behaviour order.
• How much will it cost?
Depending on the complexity and/or seriousness of the offence, the costs can vary considerably, although you may be eligible for legal aid (see below). Once we are aware of the actual proceedings involved we will be able to give you an estimate of the costs at each stage of the proceedings.
• Legal Aid
You may be entitled to apply for Legal Aid through the Legal Aid ACT Office. Eligibility of Legal Aid is based on an income and asset test. We often accept legal aid work for all criminal matters. If you are eligible for legal aid, this may mean you only pay for part of our fees, or in some instances you may be eligible for a full waiver.
• How long will it take?
The length of time it takes to resolve is dependent on how you proceed. If you decide to plead guilty, the matter can be resolved quite early. Others may take three months to twelve months, particularly if a full hearing is necessary.
• Can I apply for a restricted licence?
You must prove to the Court that there are “exceptional circumstances” which apply to you in order to be granted a restricted licence. If you have a prior conviction of drink driving ever then you are not able to apply for a restricted licence.