Driving While Exceeding the Prescribed Concentration of Alcohol (Section 49.1.b)
Sentencing in the Magistrates’ Courts of VictoriaPlease note that suspended sentences were abolished in Victoria for all offences committed on or after 1 September 2014.1
 Sentencing Advisory Council. Abolished Sentencing Orders, accessed February 3, 2021, https://www.sentencingcouncil.vic.gov.au/about-sentencing/abolished-sentencing-orders.
- A man meets his friend at the pub after work, he doesn’t have any dinner and has 2 pints of beer in 2 hours and then drives to his friend’s house.
- A woman goes to her friend’s house for a quick visit, she has just been to the gym and doesn’t eat anything. She has 2 glasses of wine in one hour and drives home.
- A man goes to a restaurant and has a 3 course meal. He drinks half a bottle of wine and then drives home.
- This is a difficult charge to defend unless you are sure that you did not drink any alcohol and there must have been a mistake in the sample. Or if you were not driving the car.
- This is an offence that has highly technical defences based on the conduct of the Police and the testing equipment.
Questions that are asked in cases like this:
- Were you driving?
- How much did you drink before driving?
Maximum penalty and court that deals with this charge
The maximum penalty for Driving While Exceeding the Prescribed Concentration of Alcohol (Section 49.1.b) (s49(1)(B) of the Road Safety Act 1986) depends on the concentration of alcohol in your blood and if this is your first offence or a subsequent offence.
For a first offence the maximum penalty is a fine of 12 penalty units.
For a second offence the maximum penalty is 6 months imprisonment and/or a fine of 60 penalty units if the concentration of alcohol is less than 0.05ml. 12 months imprisonment and/or a fine of 120 penalty units if the concentration of alcohol was more than 0.15ml.
For a subsequent offence the maximum penalty is 12 months imprisonment and/or a fine of 120 penalty units if the concentration of alcohol was less than 0.05ml. 18 months imprisonment and /or a fine of 180 penalty units if the concentration of alcohol was more than 0.15ml.
New regulations that came into effect from 31 January 2018 mean that Victorian offenders will face Victorian driving penalties should they be caught interstate.
The offence of drink driving is the sort of charge regularly heard in the Magistrates’ Court.
What is the legal definition of Driving While Exceeding the Prescribed Concentration of Alcohol (Section 49.1.B)?Driving while being over the legal limit of alcohol present in the blood or breath.
“Were you drink driving?”
The LawThe section that covers this offence is section 49(1)(B) of the Road Safety Act 1986.
Other Important Resources
- Drink Driving Lawyers: Exceed Prescribed Concentration of Alcohol
- CriminalLawyers: Drink Driving Exceed PCA Charge