Drink driving laws

Nationally, drink driving continues to be an issue. Over one in five drivers/riders killed have a blood alcohol concentration (BAC) exceeding the legal limit. Random breath testing results show that on average one in 300 drivers tested exceed the legal limit.

ACT Policing continues to treat random breath testing as a priority, targeting the times and locations drink drivers are likely to be found. During 2005-06, the AFP conducted 77,594 breath tests that returned 1,213 (or 1.56%) positive readings.

The Australian Capital Territory's drink driving laws reinforce the message that drink driving is a serious offence, one that can result in a jail sentence. If the police charge you with a drink-driving offence, the matter will be dealt with by the courts. The option of an on-the-spot fine has been removed. You should obtain legal advice before you attend court.

The following information clarifies the ACT position on drink driving matters.

• Licence cancellations
• Probationary licences
• Compulsory blood sampling
• Rehabilitation courses
• Alcohol and Drugs Foundation of the ACT (ADFACT)
• Alcohol - staying under the 0.05% limit

Licence cancellations

• If the courts find you guilty of exceeding the prescribed blood alcohol concentration (BAC) level, your licence may be cancelled.
• The courts may cancel your licence for a specified period of time. After that period has expired you may apply to the Road Transport Authority for another licence.

Probationary licences

Links

• Probationary and Restricted licences

Compulsory blood sampling

• If you are 15 or older and you are involved in a traffic crash for which you require hospital treatment, you may have a blood sample taken by hospital staff.
• The sample will be taken if you were the driver or there is reason to believe that you may have contributed to the cause of the crash.

The blood sample will be analysed for the presence of alcohol. If the police have good reason to do so, they may request that the same blood sample be tested for the presence of other drugs.

Rehabilitation courses

The court may give offenders the option of attending a drink-driving rehabilitation course at the offenders' expense. Program completion and fees paid are taken into consideration by the Court when assessing the level of fine and other penalties. Rehabilitation courses are run by the Alcohol and Drug Foundation of the ACT.

Alcohol and Drug Foundation of the ACT (ADFACT)

ADFACT was established in 1976 for people seeking treatment for alcohol or drug problems.

The treatment program most commonly used for drink driving offenders is:

• Sober Driver Program - A nine week educational program, consisting of one two-hour session per week.

The court may also refer offenders to other ADFACT programs including:

• Karralika Therapeutic Community - A residential rehabilitation program, and
• The Nexus Program - A halfway-house/aftercare program providing opportunities for continuing elements of treatment while living in the community.

Alcohol - staying under the 0.05% limit

Most MEN can only safely manage two standard drinks in the first hour, and only one drink for every hour after that. Some men can manage less. Rethink your third drink.

Most WOMEN can only safely manage one standard drink each hour. Some women can manage less. Rethink your second drink.

Note

Drivers on a 0.02% limit should not drink any alcohol before driving.

What is a standard drink ?

Standard drinks all contain about the same amount (10 grams) of alcohol.

Examples of standard drinks

A- 1 middy of full strength beer (285 ml)

B- 1 glass of fortified wine (60 ml)

C- Approx. 1 nip of spirits (30 ml)

D- 1 can (375 ml) of low alcohol beer

E- Approx. 1 small glass of table wine (100 ml)

F- Approx. 1 schooner of low alcohol beer (425 ml)