Driving Under the Influence
In Victoria, DUI (Driving Under the Influence) was historically charged as driving in a state of intoxication where one is incapable of driving a vehicle. Of course, this created problems as it can be difficult for the prosecution to demonstrate that one is so intoxicated, they are incapable of driving a vehicle. To deal with this, a new offence was created under the road Safety Act 1986 called “Exceed Prescribed Concentration of Alcohol” (PCA).
With this charge, all that the prosecution is required is to show that the alcohol concentration in the blood or breath of a driver was above the legal limit for the prescribed concentration of alcohol. There is no need to demonstrate that the driver was incapable of driving because of the blood alcohol level.
The PCA to avoid Driving Under the Influence
| Full license holders | 0.05% BAC |
| Learner or probationary license holders | 0.00% BAC |
| Commercial license holders | 0.02% BAC |
Police officers have the power to require a driver to undergo a breath or blood test if they have reasonable suspicion that the driver has exceeded the legal limit for PCA or has consumed drugs. Once the test is completed, the driver will have their licence suspended if the PCA is above the legislated threshold. The level of licence suspension is much less for a first offence than for a subsequent offence, and increases as the concentration of alcohol increases.
| Concentration of Alcohol | First offence | Subsequent offence |
| less than ∙05 with Z condition | 3 months | 12 months |
| ∙05 or more but less than ·07 < age 26 | 6 months | 12 months |
| .05 or more but less than .07 >= age 26 | 3 months fined | 12 months |
| ·07 or more but less than ·08 | 6 months | 14 months |
| ·08 or more but less than ·09 | 6 months | 16 months |
| ·09 or more but less than ·10 | 6 months | 18 months |
| ·10 or more but less than ·11 | 10 months | 20 months |
| ·11 or more but less than ·12 | 11 months | 22 months |
| ·12 or more but less than ·13 | 12 months | 24 months |
| ·13 or more but less than ·14 | 13 months | 26 months |
| ·14 or more but less than ·15 | 14 months | 28 months |
| ·15 or more but less than ·16 | 15 months | 30 months |
| ·16 or more but less than ·17 | 16 months | 32 months |
| ·17 or more but less than ·18 | 17 months | 34 months |
| ·18 or more but less than ·19 | 18 months | 36 months |
| ·19 or more but less than ·20 | 19 months | 38 months |
| ·20 or more but less than ·21 | 20 months | 40 months |
| ·21 or more but less than ·22 | 21 months | 42 months |
| ·22 or more but less than ·23 | 22 months | 44 months |
| ·23 or more but less than ·24 | 23 months | 46 months |
| ·24 or more | 24 months | 48 months |
It is important to note that a drink driving conviction is serious, and you should seek legal advice as soon as possible to assist you.
