Although traffic, speeding and parking fines can be issued through a notice, all drink driving offences carry a summons to Court. In the ACT, the Magistrates Court deals with drink driving charges.
Prescribed concentration of alcohol, or “PCA”, charges are the most common drink driving charges prosecuted. To convict on a PCA charge, the Police must show that the prescribed content of alcohol is in your system at the time of driving. This is generally done through breath or blood testing and analysis.
The charge of driving with a prescribed concentration of alcohol is under section 19 of the Road Transport (Alcohol and Drugs) Act 1977. The Act also prescribes certain “levels” of PCA which the Police can issue a charge. These are:
- Level 1 – (0.01 to 0.049): This largely pertains to special category drivers, such as bus and taxi drivers who are subject to a blood alcohol limit of 0.02 or Provisional licence holders whose blood alcohol limit must be 0.
- Level 2 – (0.05 to 0.079)
- Level 3 – (0.08 to 0.149)
- Level 4 – (0.150+)
To convict you of a PCA charge, the Police must prove beyond reasonable doubt that:
- You have the prescribed concentration of alcohol in your blood or breath;
- You were driving or that you were a driver trainer in a motor vehicle; and
- You were on a road or road-related area.
What Happens When I Am Charged
You will receive a “summons” to Court. That Court date will be your first opportunity to plead guilty or not guilty to the offence.
It is very important to seek legal advice before you enter a plea.
If your Court date has come around and you have not engaged a lawyer, you are able to ask the Court for an adjournment so you have more time to seek advice from a lawyer.
If you enter a plea of guilty, you will then be given another date to deal with sentencing unless you are on a very low PCA. Sentencing is when your lawyer makes submissions about the circumstances of your charge, and attempts to convince the court to consider the best possible outcome for you. This can range from a non-conviction order to a minimum fine, and depends on many factors, including whether you have any previous history of PCA offences.
Penalties
The below table outlines the maximum penalties for drink and drug driving charges in the ACT. It also details the minimum and automatic periods of disqualifications for all drink driving offences in the ACT.
Generally, the starting point in sentencing PCA matters is for a Magistrate to record a conviction, impose a fine and a disqualification period. The fine and disqualification period that a Magistrate may impose is dependent on the level of your blood alcohol content and whether or not you are classed as a repeat offender.
Regardless of the seriousness of the charge, it is open to the Court not to impose any penalty and to dismiss the charge under section 17 of the Crimes (Sentencing) Act 2005. If an order is made under section 17, there is no criminal conviction recorded and further, no disqualification period or fine imposed.
| Offence | Minimum Disqualification | Default Disqualification | Maximum Fine | Maximum Jail |
| First offence | ||||
| Level One PCA 0.01 – 0.049 |
1 month | 3 months | 5 penalty units | Nil |
| Level Two PCA 0.05 – 0.079 |
2 months | 6 months | 5 penalty units | Nil |
| Level Three PCA 0.08 – 0.149 |
3 months | 12 months | 10 penalty units | 6 months |
| Level Four PCA 0.150+ |
6 months | 3 years | 15 penalty units | 9 months |
| Prescribed Drug in Oral Fluid/blood | 6 months | 3 years | 10 penalty units | Nil |
| Refuse to provide breath sample/oral fluid sample/blood test | 6 months | 3 years | 30 penalty units | 6 months |
| DUI | 6 months | 3 years | 30 penalty units | 6 months |
| Driver Intoxicated | 6 months | 3 years | 50 penalty units | 6 months |
| Second or subsequent offence | ||||
| Level One PCA 0.01 – 0.049 |
3 months | 12 months | 10 penalty units | Nil |
| Level Two PCA 0.05 – 0.079 |
3 months | 12 months | 10 penalty units | Nil |
| Level Three PCA 0.08 – 0.149 |
6 months | 3 years | 10 penalty units | 6 months |
| Level Four PCA 0.150+ |
12 months | 5 years | 20 penalty units | 12 months |
| Prescribed Drug in Oral Fluid/blood | 12 months | 5 years | Driver – 25 penalty units, Driver trainer – 20 units | Driver – 3 months, Driver trainer – Nil |
| Refuse to provide breath sample/oral fluid sample/blood test | 12 months | 5 years | 30 penalty units | 12 months |
| DUI | 12 months | 5 years | 30 penalty units | 12 months |
| Driver Intoxicated | 12 months | 5 years | 50 penalty units | 6 months |