How to Respond to a Drink Driving Charge in the ACT?

In the Australian Capital Territory (ACT/Canberra), drink driving is a serious legal issue. Whether you are a first-time offender or a repeat violator, drink driving carries severe legal consequences. The Brightstone Criminal Law team has extensive experience in handling drink driving cases and we understand how to navigate complex legal procedures to achieve the best possible outcomes for our clients. This article provides a detailed overview of the drink driving legal framework in the ACT and demonstrates how we can assist clients in dealing with these challenges.

Legal Framework for Drink Driving Charges

In the ACT/Canberra, all drink driving charges must be brought before the court. If you are caught drink driving in Canberra, you will receive a court summons and must face trial. The severity of penalties depends on your Prescribed Concentration of Alcohol (PCA) level, which is classified into four categories under the Road Transport (Alcohol and Drugs) Act 1977:

Category	PCA Level (g of alcohol per 100mL of blood)
Level 1	Below 0.05g
Level 2	0.05g or above but below 0.08g
Level 3	0.08g or above but below 0.15g
Level 4	0.15g or above

The PCA level indicated in your charge document will remain relevant throughout the court process and directly impact the final penalty imposed.

Detailed Analysis of Drink Driving Penalties

If found guilty in court:

Maximum Penalties – First-Time and Repeat Offenders

PCA Level	Maximum Penalty – First-Time Offender	Maximum Penalty – Repeat Offender
Level 1	25 penalty units	50 penalty units, 6 months’ imprisonment, or both
Level 2	25 penalty units	50 penalty units, 6 months’ imprisonment, or both
Level 3	50 penalty units, 6 months’ imprisonment, or both	100 penalty units, 12 months’ imprisonment, or both
Level 4	75 penalty units, 9 months’ imprisonment, or both	150 penalty units, 18 months’ imprisonment, or both

Automatic Disqualification of Driver’s Licence – First-Time Offenders

PCA Level	Minimum Disqualification Period	Default Disqualification Period
Level 1	3 months	6 months
Level 2	3 months	6 months
Level 3	6 months	12 months
Level 4	9 months	18 months

Automatic Disqualification of Driver’s Licence – Repeat Offenders

PCA Level	Minimum Disqualification Period	Default Disqualification Period
Level 1	6 months	12 months
Level 2	6 months	12 months
Level 3	12 months	2 years
Level 4	18 months	3 years

Successful Case Studies in Canberra (ACT)

First-Time Offender Granted a No-Conviction Order（PCA Level 2）

We successfully assisted a first-time offender in Canberra in obtaining a no-conviction order. Despite the client’s PCA level falling within Level 2 (0.05g – 0.08g), our well-prepared submissions on mitigating factors convinced the judge to impose no criminal record and no disqualification period. This outcome helped the client avoid any negative impact on their career and minimized disruption to daily life.

Reduction of Disqualification Period for a Repeat Offender（PCA Level 3）

For a repeat offender whose PCA level was in Level 3 (0.08g – 0.15g) and who had been caught drink driving during a disqualification period, we carefully crafted a defence strategy emphasising the client’s contributions to the community and genuine remorse. As a result, we successfully prevented a prison sentence, and the court imposed only a fine and the minimum disqualification period. Additionally, the court included the six-month period between the charge and the sentencing as part of the disqualification, meaning the client only needed to serve another six months of disqualification.

Reduction of Penalties in a High PCA Case（PCA Level 4）

In a case where the client had a Level 4 PCA (0.15g or above), we provided compelling evidence of the client’s mental stress and life difficulties while demonstrating their positive future prospects. Our submissions detailed the personal pressures the client was facing at the time of the offense and their proactive steps towards rehabilitation. As a result, the client avoided a prison sentence, and the licence disqualification was reduced from the default 18 months to the minimum 9 months. Additionally, we successfully argued for a waiver of fines, significantly reducing the case’s impact on their life and future.

Brightstone Criminal Law’s Professional Services

At Brightstone Criminal Law, we understand the profound impact a drink driving charge can have on your personal and professional life. That’s why we are committed to providing comprehensive legal support to help our clients achieve the best possible outcomes in court. Our core services include:

Case Assessment & Strategy Development

We conduct a thorough assessment of your case, analysing your PCA level, circumstances, and any mitigating factors to develop a tailored defence strategy.

Mitigating Factor Submissions

We assist you in preparing strong submissions to reduce penalties, including seeking a reduction in licence disqualification periods or avoiding imprisonment.

No-Conviction Order Applications

For first-time offenders, we explore the possibility of securing a no-conviction order. Even if the court does not record a conviction, a disqualification period may still be imposed, but we will strive to minimise the penalties.

Full Legal Representation

From receiving a summons to the final court decision, we provide full legal representation, ensuring you understand each step of the legal process and receive expert legal advice.

The ACT enforces strict penalties for drink driving, especially for repeat offenders, who may face significant fines, long disqualification periods, or even imprisonment. However, with professional legal representation, you can minimize these penalties and mitigate the impact on your life.

If you or someone you know is facing a drink driving charge, do not hesitate to contact Brightstone Criminal Law. Our expert team is ready to provide you with comprehensive legal support and help you navigate this challenge. Let us work together to achieve the best possible legal outcome.