Drink Driving SA

In South Australia, four (4) laws govern the motorists. These laws are: The Road Traffic Act 1961 which deals with most driving offences; 2. Australian Road Rules 1999; 3.Motor Vehicles Act 1959 and 4.Criminal Consolidation Act 1935.

A person who drives, or attempts to drive, a vehicle while so much under the influence of alcohol or a drug as to be incapable of exercising effective control of the vehicle is guilty of an offence.

Since February 1, 2010, a tougher penalty was imposed on those who will commit drink driving offence. The penalty will include a three month license disqualification for those convicted for the first time for driving with blood alcohol concentration of 0.05 to 0.079%. The severity of the penalties will depend on how much the driver went beyond the prescribed concentration of alcohol.

Learners, provisional and probationary license drivers must exhibit zero blood alcohol content. This applies also to the drivers of trucks, taxi, heavy vehicles and those vehicles carrying dangerous goods. If these drivers were caught with blood alcohol content greater than zero, they will be charged of two offences. These are breaching their licence conditions as well as driving with the prescribed concentration of alcohol.

Drivers holding unconditional licence and those qualified supervising drivers training a learner have the prescribed concentration of alcohol which is 0.05%.

Police officers can stop a vehicle and subject both driver and passengers to alcohol test. In the definition of passenger, the qualified supervising driver accompanying a learner driver is included and can also be tested for alcohol during the random roadside testing. If one refuses to comply with the direction of the police officers, he is committing an offence under section 47(E (3)) of the Road Traffic Act 1961.

Drivers caught with blood alcohol content of 0.08 or higher were immediately taken off from the road by the police officers who imposed immediate suspension of the driver’s licence and the immobilization of the vehicle.


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