Driving with a Prescribed Concentration of Alcohol – 0.155

1. Charge – Drink Driving Category 3
2. Blood Alcohol Concentration (BAC) of 0.155

Drink driving is a common term used to cover the two offences which relate to drinking and driving. Driving Under the Influence (DUI) and exceeding the Prescribed Concentration of Alcohol in the blood (PCA).

It is an offence to consume more than a specific amount of alcohol and drive a vehicle and, if found guilty of drink driving, you may be disqualified from holding a driver’s licence for up to a period of 3 years. Our criminal lawyers at Caldicott + Isaacs Lawyers are experts all driving matters and specifically in drink driving matters.

The maximum penalty the Court may impose varies depending on your blood alcohol reading and whether or not you have committed this offence before.

If your blood alcohol reading was between 0.05 grams and 0.079 grams, the following penalties apply:

• First Offence $1,100 Automatic disqualification of not less than 3 months 4 incurred
• Second Offence $1,100 Automatic disqualification of not less than 6 months 4 incurred
• Third Offence $1,100 Automatic disqualification of not less than 9 months 4 incurred

If your blood alcohol reading was between 0.08 grams and 0.149 grams, the following penalties apply:

• First Offence $1,300 Automatic disqualification of not less than 6 months 5 incurred
• Second Offence $1,600 Automatic disqualification of not less than 1 year 5 incurred
• Third Offence $2,200 Automatic disqualification of not less than 2 years 5 incurred

If your blood alcohol reading was above 0.15 grams, the following penalties apply:

• First Offence $1,600 Automatic disqualification of not less than 1 year 6 incurred
• Second Offence $2,400 Automatic disqualification of not less than 3 years 6 incurred
• Third Offence $2,900 Automatic disqualification of not less than 3 years 6 incurred

It may be possible to reduce these penalties if the offence was trifling.

Our client was found Not Guilty of Drink Driving.

Client was driving home after a night at the pub. Breath analysis conducted and blood samples taken.

The blood samples taken became denatured and we argued that the drink driving charges should be dismissed because the correct drink driving handling procedures were not complied with.

The Court found that the regulations relating to taking blood samples were not complied with, resulting in unfairness to defendant. The drink driving charge was dismissed.

Suburb where the drink driving offence occurred: Seaford