High Range Drink Driving SA
High range drink driving is driving a motor vehicle on a road with a blood alcohol concentration (BAC) of 0.15 or over. The penalties are automatic suspension of license for not less than 12 months, fines, demerit points and imprisonment.
First time offenders will usually receive the minimum penalty and maximum penalties usually apply for repeat offenders and those with aggravating circumstances in their case like a death or injury was caused to another person. Furthermore, mandatory alcohol interlock scheme is attached for offenses of drink driving with a reading of 0.15 or.
To obtain a conviction it must be proved that the accused:
- drove or attempted to drive a motor vehicle on the road while under the influence of alcohol;
- could not exercise effective control over the vehicle.
The evidence that will most likely be presented by the prosecution is the BAC reading and testimony of the arresting officer. Among other defences that he could raise, accused must be able to refute the accuracy of the BAC reading and prove to the court that either he was in full control of the vehicle or he was not in any way attempting to drive the vehicle.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.
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