What Happens If You Drink Drive in South Australia?

In South Australia, drink driving is a serious offence with strict penalties. If you are caught drink driving, the consequences are significant and immediate, but there are legal avenues to consider depending on the circumstances of your case.

Instant Loss of Licence for Drink Driving

If you are pulled over and found to have alcohol in your system, you will typically face an instant loss of your licence. This means your licence will be suspended or disqualified immediately, and the disqualification will remain in place until your case is resolved in court.

There are, however, rare circumstances where you may not receive an instant licence loss. These exceptions are uncommon and depend on the specifics of the case.

Can You Get Your Licence Back?

If your licence is suspended, you may have the option to apply to the court for its reinstatement while your case is pending. This typically requires demonstrating that you have a valid defence to the drink driving charge. Successfully applying for licence reinstatement is not guaranteed and requires strong evidence and legal representation.

Defences for Drink Driving Offences

Some of the defences for drink driving charges in South Australia include:

• Challenging the accuracy of the breath or blood test results.
• Proving that you were not in control of the vehicle while under the influence.
• Raising other legal issues regarding the way evidence was obtained.

A strong defence could influence the court’s decision to grant a licence reinstatement or reduce the penalties associated with your charge.

FAQs About Drink Driving in South Australia

1. What happens if I’m caught drink driving in South Australia?

If you’re caught drink driving in South Australia, you will typically face an instant loss of your licence. This usually means your licence is suspended or disqualified until the matter is resolved in court. However, there are some rare circumstances where you may not face an immediate licence loss.

2. Can I get my licence back if it is suspended for drink driving?

In some cases, you may be able to apply to the court to have your licence reinstated while the matter is being processed. This is possible if you can show that you have a valid defence to the drink driving charge.

3. Can I avoid an instant loss of licence for drink driving?

It is rare, but in certain circumstances, you may not face an instant loss of your licence for drink driving. It depends on the specifics of your case, such as whether you have a strong legal defence or other factors considered by the court.

4. How long is my licence usually suspended if I’m caught drink driving?

Typically, if you are caught drink driving in South Australia, your licence will be suspended immediately and disqualified until your case is resolved. The length of the suspension can vary based on the severity of the offence and the outcome of your case.

5. Can I drive while my drink driving case is pending in court?

If you apply to the court and they grant your request, you may be allowed to drive while your drink driving case is pending. This is not guaranteed and will depend on the specifics of your case, including whether you have a valid legal defence.