Canberra & the ACT · Traffic
Drink driving and DUI charges in the ACT.
Drink driving in the ACT runs on levels set by blood alcohol concentration, and it carries automatic disqualification. Driving under the influence is a separate, more serious offence. The reading, the driving, and the disqualification are what these matters turn on.
- PCA offenceBy levels 19, levels in s 4C
- DUIUp to 12 months (first)s 24, more serious
- CourtMagistrates CourtSummary
- DisqualificationAutomaticUnless reduced
The ACT offences.
A prescribed concentration offence is proved by the reading, and the level of the reading sets the penalty range and the disqualification period. Driving under the influence is a separate and more serious offence about actual incapacity, not just a reading. A penalty unit is a fixed dollar amount set under the Legislation Act 2001 (ACT) and updated from time to time, so the dollar figure should be checked against the current value.
Penalties and where the matter is heard.
These are summary matters heard in the ACT Magistrates Court. Disqualification is automatic on conviction unless the court reduces it, and the period rises with the level and with any repeat offence. Sentencing is under the Crimes (Sentencing) Act 2005 (ACT), and a non-conviction order under s 17 is possible in the right case, particularly for a first, low-level reading.
Defences and issues that matter.
The reading and the procedure.
The offence depends on a valid reading obtained by the correct procedure and within the required time. Where the procedure was not followed, the reading can be challenged.
Driving.
The prosecution must prove the accused was driving or in control of the vehicle. Where that is in issue, it is tested.
Keeping the licence.
For many drivers the licence is the real issue. A non-conviction order, where available, avoids the automatic disqualification, and the subjective case is prepared with that in mind.
How the matter is run.
For most drink driving matters the work is to check the reading and the procedure, to prepare a subjective case, and to protect the licence where the law allows. Where the reading or the driving is genuinely in issue, the matter is defended. Driving under the influence matters are more serious and are prepared accordingly.
Frequently asked.
What is the penalty for drink driving in the ACT?
It depends on the level of the reading and any repeat offence. Penalties under s 19 of the Road Transport (Alcohol and Drugs) Act 1977 (ACT) are expressed in penalty units and, for higher levels, imprisonment, with automatic disqualification on conviction.
What is the difference between PCA and DUI in the ACT?
A prescribed concentration of alcohol offence (s 19) is proved by the reading. Driving under the influence (s 24) is about being so affected by alcohol or a drug as to be incapable of proper control, and it is more serious.
Will I lose my licence for drink driving in the ACT?
Disqualification is automatic on conviction unless the court reduces it, and the period rises with the level and any repeat offence. A non-conviction order, where available, can avoid it.
Can I avoid a conviction for a first drink driving offence in the ACT?
In the right case, especially a first, low-level reading, a non-conviction order under s 17 of the Crimes (Sentencing) Act 2005 (ACT) is possible, which also avoids the automatic disqualification.
Charged in the ACT, or facing a Supreme Court trial?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019