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Drink driving is one of the most significant risks on the roads. Hence, drink driving charges are crucial to end the danger of possibly fatal injuries on the road. Any police vehicle can conduct roadside drug or alcohol screening on a suspicious driver at any time. If the police finds the individual driving under the influence of alcohol, they will press drink driving charges against them.
Alcohol significantly impacts an individual’s driving ability which is why the ACT law states –
- Fully licensed drivers are allowed but must not exceed a prescribed concentration of 0.05 alcohol content.
- Other drivers with international, probationary, and learner licenses, and driver trainers, must maintain a zero (0.00) alcohol content limit.
- Drivers controlling vehicles with a gross vehicle/combined mass of 15ft or higher, transporting dangerous items, must maintain a zero (0.00) alcohol blood concentration level.
A standard drink in Australia refers to a drink with no more than 10 grams of alcohol. If you need more information about standard drinks and alcohol guidelines in Australia, visit the Department of Health’s website. However, instead of tracking your alcohol consumption before driving, a simpler solution is – don’t drink and drive!
Roadside alcohol screening
Police officers use a screening instrument to conduct roadside tests on suspicious drivers. It indicates if the driver has consumed more alcohol than the prescribed concentration. If so, the police take the driver to the police station for a breath analysis. At the police station, an authorized professional asks for a breath sample to conduct the breath analysis. ACT accepts the instrument used for the analysis, and its accurate reading. If the breath analysis indicates alcohol content over the legal limit, the driver will be arrested or asked to appear in court. Moreover, it is a punishable offense to refuse a breath analysis.
If the police charge you with a drink driving offense, you will be summoned to the Magistrates Court. The police will provide you with a statement that will include all details of the alleged violation. In the case that the court declares you guilty of the offense, they may disqualify your license for a stated period and add it to your criminal record.
What are the penalties for a drink driving offense?
An Immediate Suspense Notice can suspend your license for 90 days. However, the penalties depend on the driver’s alcohol concentration level at the time of the screening.
- Less than 0.05g alcohol concentration level – The court will issue a fine of no more than $800 and suspend the driver’s license for up to 1 month.
- Between 0.05g and 0.08g alcohol concentration level – The court will issue a fine of no more than $800 and suspend the driver’s license for up to 2 months.
- Between 0.08g and 0.15g alcohol concentration level – The court will either issue a fine of no more than $1600, declare imprisonment of 6 months, or both. They will also suspend the driver’s license for up to 3 months.
- More than 0.15g alcohol concentration level – The court will either issue a fine of no more than $2400, declare imprisonment of 9 months, or both. They will also suspend the driver’s license for up to 6 months.
While these are standard results of the punishable offense, first-time offenders may also face license disqualification of up to three years. Repeated charges of a drink driving offense could either lead to a fine of no more than $3000, imprisonment of twelve months, or both. Moreover, the driver may also face license disqualification for five years.
While a specific alcohol content is legally allowed for drivers with particular licenses, any trace of unlawful drugs is illegal. The RRDT (Random Roadside Drug Testing) tests MDMA, cannabis, and methamphetamine. The police will perform the initial tests on the roadside. However, the ACT Government Analytical Laboratory conducts the final laboratory test.
Prioritize the safety of yourself and others
Your safety, and the safety of other drivers and pedestrians, is essential. Hence, if you are under the influence of alcohol or drugs, the safest choice is to avoid driving entirely to save yourself and others from a possibly fatal accident. If you hit another individual while driving under the influence of alcohol, they can file a compensation claim against you.
