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Drink driving charges are among the most common criminal matters we see in Adelaide. 

They carry heavy penalties — licence loss, fines, potential jail, and long-term consequences for your job and life. 

The law is strict, and the difference between a PCA (Prescribed Concentration of Alcohol) and DUI (Driving Under the Influence) matters.

PCA vs DUI – The Legal DifferenceUnder the Road Traffic Act 1961 (SA):

• PCA offences (s 47B) are based purely on your blood alcohol concentration (BAC) from a breath or blood test — impairment doesn’t need to be proven. The Act sets three categories:
  • Category 1: 0.05–0.079 g/100 mL
  • Category 2: 0.08–0.149 g/100 mL
  • Category 3: 0.15 g/100 mL or higher

• DUI offences (s 47) are based on police observation of impairment — slurred speech, unsteady gait, poor coordination — even if no breath test was done or the reading is low. The Act defines it as being “so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the vehicle” (s 47(2)).

PCA Penalties – First Offence

• Category 1 (0.05–0.079): Expiation notice with fine + 4 demerit points. If you elect court and lose: minimum $1,100 fine + 3 months disqualification.
• Category 2 (0.08–0.149): Fine $900–$1,300 + 5 demerit points + minimum 6 months disqualification.
• Category 3 (0.15+): Fine $1,100–$1,600 + 6 demerit points + minimum 12 months disqualification.

Repeat Offences

Previous drink driving convictions count if within the prescribed period (3 years for Category 1, 5 years for Category 2 or 3 — s 47B(4)). 

Penalties escalate sharply:

• Category 2 second offence: $1,100–$1,600 + minimum 12 months disqualification
• Category 3 second offence: $1,600–$2,400 + minimum 3 years disqualification
• Third or subsequent offences: fines up to $2,900 + disqualification up to 3+ years

DUI Penalties

• First offence: $1,100–$1,600 fine or up to 3 months imprisonment + minimum 12 months disqualification (s 47(3)).
• Subsequent offences: $1,900–$2,900 fine or up to 6 months imprisonment + minimum 3 years disqualification.

Courts can extend disqualification but cannot reduce it below the minimum unless the offence is deemed trifling (proven on oath evidence — s 47(3)(b)).

Breath Testing: Machines and Process

Police use approved breath analysing instruments (s 47H) — devices like the Dräger Alcotest 9510 or similar models certified by the Governor. 

These machines measure alcohol in grams per 210 litres of breath, converted to grams per 100 mL of blood (s 47EB). 

A reading is conclusive evidence of BAC throughout the preceding 3 hours unless rebutted by blood analysis showing otherwise (s 47K(1)).

If you refuse or fail to provide a sample (s 47E(3)), penalties are automatic: minimum 12 months disqualification (first offence), 3 years (subsequent). 

Defences are narrow — genuine medical inability (proven on oath) or unlawful requirement.

Blood Tests: When and How

If breath analysis is refused, impractical (e.g., medical condition), or disputed, police can require a blood test (s 47I and Schedule 1). 

A sample is taken by a medical practitioner or registered nurse — usually at a hospital if you’re injured, or facilitated by police otherwise.

The sample is analysed by an approved analyst. 

A certificate stating the BAC or presence of a drug is presumed accurate unless rebutted (s 47K(4)). Blood tests can also be compulsory after accidents if injury occurs (s 47I(1)–(4)). 

Refusal without lawful excuse triggers the same automatic disqualification as breath refusal.

Immediate Licence Loss & Court

Most people receive an Immediate Loss of Licence (ILOL) notice under s 47IAA — you can’t drive from that moment. 

You can apply to Magistrates Court to lift it (s 47IAB) but only with a valid defence (e.g., reasonable prospect of acquittal or trifling offence).

Later, you’ll face court. 

Aggravating factors (child in car, accident, speeding) increase penalties. 

Many convicted drivers must complete the Alcohol Interlock Program before regaining full licence.

Key Takeaways

• PCA is reading-based; DUI is impairment-based — penalties differ.
• First offences start at 3–12 months disqualification; repeats escalate fast.
• Refusal (breath or blood) triggers automatic harsh penalties.
• Courts have very limited discretion to reduce minimums — only for trifling first offences.

If you’ve been charged with drink driving in South Australia — PCA, DUI, refusal, or anything related — early advice can make a real difference. 

At Visual Legal, we defend these charges, assess defences (medical, procedural, evidence), and work for the best outcome.

Book a free consultation — we’ll meet in our central Adelaide office or via secure teleconference, listen to your situation, explain your options plainly, and help you move forward. No pressure, just practical support.

Facing a drink driving charge? Let’s talk — get in touch today.