Driving – Drink Driving Offences – VIC

Welcome to the VIC Drink Driving exceed PCA (1) article page. Everything you need to know about Drink Driving exceed PCA (1) according to VIC law.

What the Law States according to VIC Law for Drink Driving exceed PCA (1)

According to VIC Law for the charge of Drink Driving exceed PCA (1),

Road Safety Act 1986 – SECT 49
Offences involving alcohol or other drugs

49. 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;

The Maximum Penalty – Drink Driving exceed PCA (1)

According to VIC Law for the charge of Drink Driving exceed PCA (1),

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 Police must prove according to VIC Law for Drink Driving exceed PCA (1)

(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.

Possible Defences under VIC Law – 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)).

In VIC which court will hear the matter – Drink Driving exceed PCA (1)

Magistrates’ Court

Street names for Driving while exceeding the prescribed concentration of alcohol (1)

Drink driving, driving impaired, driving under the influence

 

Date: 09/01/2009