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Driving While Exceeding the Prescribed Concentration of Alcohol (Section 49.1.F)

The offence of drink driving exceed PCA under s49(1)(f) is the sort of charge regularly heard in the Magistrates Court.

The maximum penalty depends on the amount of offences committed and the concentration of the alcohol in the person’s blood.

First offence: 12 penalty units.

Second offence: 6 months and/or 60 penalty units if the concentration of alcohol is less than 0x15 grams per 100 millilitres of blood; or in the person’s breath was less than 0x15 grams per 210 litres of exhaled air as the case requires. 12 months and/or 120 penalty units if the concentration of alcohol in the person’s blood was 0x15 grams or more per 100 millilitres of blood; or in the person’s breath was 0x15 grams or more per 210 litres of exhaled air as the case requires.

Subsequent offence: 12 months and/or 120 penalty units if the concentration of alcohol in the person’s blood was less than 0x15 grams per 100 millilitres of blood; or in the person’s breath was less than 0x15 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 0x15 grams or more per 100 millilitres of blood; or in the person’s breath was 0x15 grams or more per 210 litres of exhaled air as the case requires.

New regulations that came into effect from 31 January 2018 mean that Victorian offenders will face Victorian driving penalties should they be caught interstate.

This charge is generally laid in situations where a person, within 3 hours after driving or being in charge of a motor vehicle, furnishes a sample of breath for analysis by a breath analyzing instrument under section 55 and the result of the analysis shows that the prescribed concentration of alcohol or more is present in their breath and the concentration of alcohol indicated by the analysis is not due solely to the consumption of alcohol after driving or being in charge of the motor vehicle.

In essence to prove this charge the Police must show that the accused drove or was in charge of a motor vehicle and that the accused gave a sample of breath within 3 hours of that driving or being in charge of the motor vehicle. The result showed that the accused had the prescribed concentration of alcohol or more present in the accused’s breath and the result was not due solely to the consumption of alcohol after the driving or being in control of the vehicle.

Defences to this can be a factual dispute or the breath analyzing instrument used was not in proper working order or properly operated.

You should ring us and discuss your case if you have been charged.

Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.

This is legislation that comes from section 49(1)(f) of the Road Safety Act 1986.

 

Further information on Driving While Exceeding the Prescribed Concentration of Alcohol (Section 49.1.F)

Possible Defences

In a case of Driving While Exceeding the Prescribed Concentration of Alcohol (Section 49.1.F), the following defences may be applicable to the charge:

  • Factual Dispute and Concept of Beyond Reasonable Doubt
  • Faulty breathalyzer
  • Procedural non-compliance (i.e. breath test taken outside 3 hours)
  • Charges are Statute Barred

Penalties

What penalties can be imposed for a charge of Driving While Exceeding the Prescribed Concentration of Alcohol (Section 49.1.F)?

  • Deferral of Sentencing
  • Diversion
  • Without Conviction Order
  • Adjournment of the Charges on Undertaking (Good Behaviour Bond)
  • Fine
  • Community Corrections Order
  • Suspended Prison Sentence
  • Term of Imprisonment

Legislation

What is the legislation for the charge of Driving While Exceeding the Prescribed Concentration of Alcohol (Section 49.1.F)?

The legislation for this offence can be found on section 49(1)(F) of Road Safety Act 1986.

Case Studies

Media Articles

Media articles related to the charge of Driving While Exceeding the Prescribed Concentration of Alcohol (Section 49.1.F):

Further Info

 

Need further legal advice on this charge?
Contact one of our solicitors specialising in cases of Driving While Exceeding the Prescribed Concentration of Alcohol, Shaun Pascoe.