Drink Driving Repeat Offender SA
A person who has been charged and convicted of a drink driving offense is an offender. When a driver commits a second or subsequent drink driving offense, then the court will consider the prior drink driving offenses committed by the driver in determining the penalty for the latest offense.
Where the previous offence is a first offence of exceeding the prescribed concentration of alcohol of 0.05 - .079, the period is 3 years.
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Driving with prescribed concentration of alcohol in blood
(section 47B of the Road Traffic Act 1961) |
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| First offence | Second offence | Third or subsequent offence | |
| Category 1 offence (0.05-0.079) |
'On the spot’ fine; and
4 demerit points OR Court penalty – a fine up to $1,100; and 4 demerit points; and Licence disqualification - not less than 3 months |
Court penalty – a fine up to $1,100; AND 4 demerit points; and Licence disqualification – not less than 6 months |
Court penalty - a fine of up to $1,100; AND 4 demerit points; and Licence disqualification – not less than 9 months Subsequent offence – as above + licence disqualification not less than 12 months
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| Category 2 offence ++ (0.08-0.149) |
Court penalty – a fine of not less than $900and not more than $1,300;
and 5 demerit points; and Licence disqualification – not less than 6 months |
Court penalty – a fine of not less than $1,100and not more than $1,600; and 5 demerit points; and Licence disqualification – not less than 12 months |
Court penalty – a fine of not less than $1,500 and not more than $2,200; and 5 demerit points; and Licence disqualification – not less than 2 years |
| Category 3 offence ++ (0.15 or over) | Court penalty – a fine of not less than $1,100 and not more than $1,600; and 6 demerit points; and Licence disqualification – not less than 12 months |
Court penalty – a fine of not less than $1,600 and not more than $2,400; and 6 demerit points; and Licence disqualification – not less than 3 years |
Court penalty – a fine of not less than $1,900 and not more than $2,900; and 6 demerit points; and Licence disqualification – not less than 3 years |
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