Exceed Prescribed Concentration of Alchohol- Statutory Offence : ROAD SAFETY ACT 1986 - SECT 49

Elements Prosecution Must Prove

1- Accused was driving a motor vehicle
2- Concentration of alcohol in blood or breath exceeds concentration prescribed by statute.

What is prescribed concentration of alcohol

There is another offence of Drive Under the influence (DUI) which applies where a person is so intoxicated that they are not capable of driving a vehicle. This is reasonably difficult to prove, so the government designed laws to prevent drink driving that focused on the concentration of alcohol in a drivers blood or breath. Where the driver had a blood alcohol concentration in excess of a certain amount, that varies according to the license status of a driver, they can be found guilty of an offence against this section of the Road Safety Act 1986.

Note that a person can still be found guilty of this charge even if they can demonstrate that the concentration of alcohol in their blood would not have affected their driving. For example, some license holders have a zero blood alcohol condition.

Sentencing

Involves a fine and a mandatory suspension, except where the BAC is less than .05 for holders of a zero BAC licence (who get 10 demerit points).

Repeat offences can attract a custodial sentence.

Concentration of Alcohol in blood in grams per 100 ml. First offence Subsequent offence
less than .05 with Zero BAC Licence, not p or l plater 10 Demerit Points 12 months
less than .07 with 0.05 BAC Licence & >= 26Years, not p or l plater 10 Demert Points 12 months
less than ·07 with Zero BAC or < 26 years old or l plater or p plater 6 months 12 months
·07 or more but less than ·08 6 months 14 months
·08 or more but less than ·09 6 months 16 months
·09 or more but less than ·10 6 months 18 months
·10 or more but less than ·11 10 months 20 months
·11 or more but less than ·12 11 months 22 months
·12 or more but less than ·13 12 months 24 months
·13 or more but less than ·14 13 months 26 months
·14 or more but less than ·15 14 months 28 months
·15 or more but less than ·16 15 months 30 months
·16 or more but less than ·17 16 months 32 months
·17 or more but less than ·18 17 months 34 months
·18 or more but less than ·19 18 months 36 months
·19 or more but less than ·20 19 months 38 months
·20 or more but less than ·21 20 months 40 months
·21 or more but less than ·22 21 months 42 months
·22 or more but less than ·23 22 months 44 months
·23 or more but less than ·24 23 months 46 months
·24 or more 24 months 48 months

 

Related offences

  1. Culpable Driving Causing Death
  2. Dangerous Driving
  3. Careless Driving
  4. Speeding
  5. Drink Driving / Drive Under the influence (DUI)
  6. Fail to Furnish a Breath Sample / Refuse to Accompany a Police Officer

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