South Australian Current Acts South Australian Current Acts47B—Driving while having prescribed concentration of alcohol in blood
(a)
drive a motor vehicle; or
(b)
attempt to put a motor vehicle in motion,
while there is present in the person's blood the prescribed concentration
of alcohol as defined in section 47A.
Penalty:
(a) for
a first offence—
(i)
being a category 1 offence—$1 100;
(ii)
being a category 2 offence—a fine of not less than
$900 and not more than $1 300;
(iii)
being a category 3 offence—a fine of not less than
$1 100 and not more than $1 600;
(b) for
a second offence—
(i)
being a category 1 offence—$1 100;
(ii)
being a category 2 offence—a fine of not less than
$1 100 and not more than $1 600;
(iii)
being a category 3 offence—a fine of not less than
$1 600 and not more than $2 400;
(c) for
a third or subsequent offence—
(i)
being a category 1 offence—$1 100;
(ii)
being a category 2 offence—a fine of not less than
$1 500 and not more than $2 200;
(iii)
being a category 3 offence—a fine of not less than
$1 900 and not more than $2 900.
(1a) If a person
engages in conduct involving a motor vehicle that constitutes an offence
against subsection (1) (other than a category 1 offence) 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.
(3) If a court
convicts a person of an offence against this section, 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—
(AA) being a
category 1 offence—for such period, being not less than 3 months,
as the court thinks fit;
(A) being a category 2 offence—for
such period, being not less than 6 months, as the court thinks fit;
(B) being a category 3 offence—for
such period, being not less than 12 months, as the court thinks fit;
(ii)
in the case of a second offence—
(A) being a category 1 offence—for
such period, being not less than 6 months, as the court thinks fit;
(B) being a category 2 offence—for
such period, being not less than 12 months, as the court thinks fit;
(C) being a category 3 offence—for
such period, being not less than 3 years, as the court thinks fit;
(iii)
in the case of a third offence—
(A) being a category 1 offence—for
such period, being not less than 9 months, as the court thinks fit;
(B) being a category 2 offence—for
such period, being not less than 2 years, as the court thinks fit;
(C) being a category 3 offence—for
such period, being not less than 3 years, as the court thinks fit;
(iv)
in the case of a subsequent offence—
(A) being a category 1 offence—for
such period, being not less than 12 months, as the court thinks fit;
(B) being a category 2 offence—for
such period, being not less than 2 years, as the court thinks fit;
(C) being a category 3 offence—for
such period, being not less than 3 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, second, third or subsequent offence for the
purposes of this section (other than subsection (5)), 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.
(5) If—
(a) a
person aged 16 years or more is alleged to have committed a category 1
offence; and
(b) the
information available to members of SA Police at the relevant time for
the alleged offence indicates that the person has not committed or allegedly
committed another drink driving offence or drug driving offence within the
prescribed period immediately preceding the date on which the offence under
consideration was allegedly committed,
the person cannot be prosecuted for that offence unless the person has first
been given an expiation notice under the Expiation of Offences Act 1996
in respect of the offence.
Note—
For the avoidance of doubt, if at the relevant time for an alleged offence
(the "subject offence"), the information available indicated that the person
had allegedly committed another offence but, at some later time, the expiation
notice for that other offence is withdrawn or proceedings for that other
offence are discontinued, that does not affect the prosecution of the person
for the subject offence, and does not mean that the person should have been
given an expiation notice for the subject offence.
(6) In this
section—
"relevant time" for an alleged offence means the time at which SA Police
is deciding whether to give a person an expiation notice for the offence or
prosecute the person for the offence.