South Australian Current Acts South Australian Current Acts47—Driving under the influence
(b)
attempt to put a vehicle in motion,
while so much under the influence of intoxicating liquor or a drug as to be
incapable of exercising effective control of the vehicle.
Penalty:
(a) if
the vehicle concerned was a motor vehicle—
(i)
for a first offence—
(A) a fine of not less than $1 100 and not
more than $1 600; or
(B) imprisonment for not more than
3 months; and
(ii)
for a subsequent offence—
(A) a fine of not less than $1 900 and
not more than $2 900; or
(B) imprisonment for not more than
6 months;
(b) if
the vehicle concerned was not a motor vehicle—$500.
(1a) If a person
engages in conduct involving a motor vehicle that constitutes an offence
against subsection (1) while a child under the age of 16 years is
present in or on that motor vehicle, the person commits an offence against
this subsection and is liable to the same penalty as is prescribed for an
offence against subsection (1).
(1b) If a person is
charged with an offence against subsection (1a) but the court is not
satisfied that an offence against that subsection has been established beyond
reasonable doubt, the person may be convicted, on that charge, of an offence
against subsection (1) if the court is satisfied that an offence against
subsection (1) has been so established.
(2) For the purposes
of subsection (1), a person is incapable of
exercising effective control of a vehicle if, owing to the influence of
intoxicating liquor or a drug, the use of any mental or physical faculty of
that person is lost or appreciably impaired.
This subsection does not restrict the meaning of the words "incapable of
exercising effective control of a vehicle".
(3) If a court
convicts a person of an offence against this section in which the vehicle
concerned was a motor vehicle, the following provisions apply:
(a) the
court must order that the person be disqualified from holding or obtaining a
driver's licence—
(i)
in the case of a first offence—for such period,
being not less than twelve months as the court thinks fit; or
(ii)
in the case of a subsequent offence—for such
period, being not less than three years, as the court thinks fit;
(b) the
disqualification prescribed by paragraph (a) cannot be reduced or
mitigated in any way or be substituted by any other penalty or sentence
unless, in the case of a first offence, the court is satisfied, by evidence
given on oath, that the offence is trifling, in which case it may order a
period of disqualification that is less than the prescribed minimum period but
not less than one month;
(d) if
the person is the holder of a driver's licence—the disqualification
operates to cancel the licence as from the commencement of the period of
disqualification;
(e) the
court may, if it thinks fit to do so, order that conditions imposed by
section 81A or 81AB of the Motor Vehicles Act 1959 on any driver's
licence issued to the person after the period of disqualification be effective
for a period greater than the period prescribed by that section.
(4) In determining
whether an offence is a first or subsequent offence for the purposes of this
section, any previous drink driving offence or drug driving offence for which
the defendant has been convicted will be taken into account, but only if the
previous offence was committed within the prescribed period immediately
preceding the date on which the offence under consideration was committed.