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Driving while exceeding the prescribed concentration of alcohol ...
Driving while exceeding the prescribed concentration of alcohol (1)
Written by
Kristina Kothrakis
Criminal Defence Lawyer
What the Law states - Drink Driving exceed PCA (1)
Road Safety Act 1986 - SECT 49
Offences involving alcohol or other drugs49. Offences involving alcohol or other drugs
(1) A person is guilty of an offence if he or she-
(b) drives a motor vehicle or is in charge of a motor vehicle while the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in his or her blood or breath;
Maximum Penalty in Victoria
First offence: 12 penalty units
Second offence:
6 months / 60 penalty units (if the concentration of alcohol in the person's blood was less than 0×15 grams per 100 millilitres of blood; or in the person's breath was less than 0×15 grams per 210 litres of exhaled air as the case requires).
12 months / 120 penalty units (if the concentration of alcohol in the person's blood was 0×15 grams or more per 100 millilitres of blood; or in the person's breath was 0×15 grams or more per 210 litres of exhaled air as the case requires).
Subsequent offence:
12 months / 120 penalty units (if the concentration of alcohol in the person's blood was less than 0×15 grams per 100 millilitres of blood; or in the person's breath was less than 0×15 grams per 210 litres of exhaled air as the case requires).
18 months / 180 penalty units (if the concentration of alcohol in the person's blood was 0×15 grams or more per 100 millilitres of blood; or in the person's breath was 0×15 grams or more per 210 litres of exhaled air as the case requires).
Note: A person who is guilty of an accompanying driver offence is liable to a fine of not more than 5 penalty units.
What the Prosecution must prove - Drink Driving exceed PCA (1) - Vic
(a) The accused was driving or was in charge of the motor vehicle.
(b) The accused had the prescribed concentration of alcohol or more present in his/her blood or breath.
Street names for Driving while exceeding the prescribed concentration of alcohol (1)
Drink driving, driving impaired, driving under the influence
Possible Defences - Drink Driving exceed PCA (1)
(a) Factual dispute.
(b) The breath analysing instrument used was not in proper working order or properly operated (s49(4)).
Which court will hear the charge of Drink Driving exceed PCA (1)
Magistrates' Court.
