What is the penalty if you are convicted of having an open alcoholic beverage inside your vehicle

In Australia, alcohol is a legal drug. However, laws restricting its manufacture, supply, sale, promotion and consumption do apply. If you break these laws, you are likely to have legal action taken against you.

Drink driving

Throughout Australia, it is an offence to drive or attempt to drive a vehicle while under the influence of alcohol. This includes:

cyclists
people on skateboards and rollerblades
riders of animals
drivers of vehicles drawn by animals
passengers acting as a qualified supervising driver for a learner driver.

Prescribed Concentration of Alcohol

A person can be charged with driving while exceeding the Prescribed Concentration of Alcohol if their Blood Alcohol Concentration (BAC) is over the legal limit according to the type of licence they hold.

To be charged with driving while exceeding the Prescribed Concentration of Alcohol, it is not necessary to show that the driver is affected by alcohol, merely that they are over the legal limit.

Blood Alcohol Concentration (BAC)

Blood Alcohol Concentration (BAC) (PDF 125KB) is a measure of the amount of alcohol in the body in grams of alcohol per 100 millilitres of blood (g%).

Driving under the influence

Someone who is driving while affected by alcohol can be convicted of an offence even though their BAC is less than the limit specified in the relevant state or territory. 'Driving Under the Influence' is the legal name for this offence under the Road Traffic Act 1961 (SA).

Learner/probationary drivers

It is against the law for learner/probationary drivers to drive with any alcohol in their body as it is a breach of their learner/probationary conditions. Drink driving provisions also apply to someone acting as a qualified passenger for a learner driver.

Alcotests and breathalysers

Any driver/rider can be required to submit to an alcohol (a breath screening test that indicates the approximate level of alcohol in the blood) by the police.

Under the Road Traffic Act 1961 (SA) it is an offence to refuse to submit to an alcotest.

Information on alcohol testing.

Drink driving penalties

There are a range of penalties that apply to drink driving, depending on the seriousness of the offence, and whether the person has a conviction for a prior drink driving offence.

Mandatory Alcohol Interlock Scheme

An alcohol interlock device is a breath testing device fitted to a motor vehicle that requires a person to pass a breath alcohol test before they can start their motor vehicle or continue to operate the vehicle. This requirement may apply in serious drink driving offences.

Alcohol and boating

Under section 70 of the Harbors and Navigation Act 1993 (SA) it is an offence for a person operating a vessel* or a crew member with responsibility for running a vessel (eg the driver of a recreational vessel and, if a ski boat, the observer; or an employee on a commercial vessel, such as skipper, engineer or navigator) to carry out their responsibilities while affected by alcohol.

*A vessel means any boat, ship, air-cushioned water vehicle, surfboard, wind surfboard, motorised jet ski, water ski or device on which a person rides through water, and also includes any structure designed to float in water and used for commercial, industrial or scientific purposes.

Information on alcohol and boating.

The sale and consumption of alcohol

In South Australia, the legislation that controls the sale and consumption of alcohol is the Liquor Licensing Act 1997 (the Act). The principal aim of the Act is to minimise the harm associated with the consumption of alcohol in the community of South Australia.

There are a number of licence categories available and each licence category has a number of requirements, which are detailed in the Act.

It is the responsibility of the licensee and their staff to ensure acceptable standards are maintained and that premises function with due regard to responsible serving of alcohol principles and the Liquor Licensing Act 1997.

In South Australia, there is also a mandatory Code of Practice that prohibits licensees from promoting the irresponsible consumption of alcohol. Penalties exist for licensees who do not comply with this code.

For further information on liquor licensing legislation, please contact Consumer and Business Services, phone 131 882.

Intoxication on licensed premises

Under section 108 of the Liquor Licensing Act 1997, it is an offence for anyone to supply or sell liquor on a licensed premises to an intoxicated person.

Intoxication guidelines.

Complaints against licensed premises

South Australia Police and the Liquor and Gambling Commissioner are responsible for enforcing the Liquor Licensing Act 1997. Complaints should be directed to the Liquor and Gambling Commissioner (Consumer and Business Services) in the first instance.

Laws relating to minors

Supply of liquor to minors:

The law changed on 18 December 2017 to introduce new penalties for people who illegally supply alcohol to anyone under 18. Read more on the Consumer and Business Services website.

There are several provisions under the Liquor Licensing Act 1997 which relate to minors, primarily in Part 7 (pg 78).

Information on alcohol and minors.

Distillation of alcohol

It is illegal to use a still (of any capacity) to distil alcohol, for example spirits, without an excise manufacturer licence.

Penalties of up to $85,000 or more or two years jail can apply for distilling alcohol without a licence.

It is also illegal to buy, make, possess, or sell a still without permission from the Australian Taxation Office if it has a capacity more than five litres.

For more information, visit the Australian Taxation Office website or contact:

Telephone: 1300 137 290 Fax: 1300 130 916

Email:

Information on Stills and distillation.

Alcohol and work

There are laws relating to the consumption of alcohol at work, which may pose a safety risk.

Information on Work Health and Safety Laws.

Intoxication in a public place

A 'public place' is defined as anywhere to which the general public has access. While it is not a criminal offence to be intoxicated in a public place, the Public Intoxication Act 1984 (SA) provides for police to take intoxicated people into protective custody and take them to one of the following safe places:

the person's home
a sobering-up unit
a place proclaimed by the Minister
a police station.

Dry areas

In South Australia, there are designated dry areas as part of the Liquor Licensing Act 1997, which sees public areas such as reserves, main shopping precincts, car parks and foreshores remain free from alcohol.

Information on dry area legislation.

Aboriginal communities

Legislation relating to the supply and consumption of alcohol on Aboriginal lands includes the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 and the Aboriginal Lands Trust Act 2013.

Under these laws some Aboriginal communities and areas, including the APY Lands and Yalata, have banned the possession, consumption, sale or supply of alcohol on their land.

For further information:

Drinking and public transport

There are laws relating to intoxication on public transport.

Passenger Transport Act 1994

Further information

The State Library, corner Kintore Ave and North Terrace, Adelaide SA
Telephone: (08) 8207 7250

Laws

Telephone Legal Advice (free) Legal Services Commission

Telephone: 1300 366 424

Drink driving laws and penalties

Traffic Training and Promotion Section (SA Police)
Telephone: (08) 8207 6586

Liquor licensing

Consumer and Business Services
Telephone: 131 882

Alcohol advertising

Advertising Standards Board (Ad Standards)
Telephone: (02) 6172 1500

Alcohol or other drugs

Alcohol and Drug Information Service (ADIS) (Confidential telephone information and counselling)

Telephone: 1300 13 1340 (South Australian callers - local call fee)

Available from 8.30 am to 10.00 pm every day

Alcohol and drug impaired drivers pose the highest risk on our roads. Removing these drivers reduces the potential for serious injury or fatal collisions.

Roadside alcohol or drug screening can happen anywhere any time on any road by an unmarked police vehicle. If you drive under the influence of drugs or alcohol, you will be caught.

Alcohol

Drugs

Drug driving tests
Penalties for drug driving

Alcohol

Know your limits

Alcohol affects people in different ways, the more alcohol you consume the greater the impact on your driving ability. In the ACT:

drivers who hold a full licence are allowed a prescribed blood alcohol concentration limit of under 0.05 alcohol content.
special, probationary, international (from non-recognised countries), provisional and learner licence holders, as well as driver trainers, are subject to a zero blood alcohol concentration level.
drivers of vehicles with a Gross Vehicle Mass or Gross Combined Mass of more than 15t, or carrying dangerous goods, are special drivers and are subject to a zero blood alcohol concentration level.

Visit Access Canberra to determine what level licence you hold.

What is a standard drink?

In Australia, a standard drink refers to 10 grams of alcohol. On average, this is how much the human body can process in one hour.

DrinkWise Australia and the Department of Health’s website provide information on how alcohol affects you and standard drinks.

Even with a guide, it can be hard to track how much alcohol you have consumed. The safest option is; if you’re drinking, don’t drive.

Roadside breath test screening process

If the reading from a screening instrument indicates the driver of the vehicle may be over the prescribed concentration of alcohol, the driver is conveyed to a police station for breath analysis.
At the police station, an authorised breath analysis operator requests the driver to supply a further breath sample for analysis by the Drager breath analysis instrument. The instrument is recognised by the ACT courts as providing an accurate and lawful reading.
If the analysis of the sample shows the person is at or over the limit, he or she can either be arrested or summoned to appear in court at a later date.

It is an offence to fail or refuse to supply a sample of breath for screening or analysis.

ACT Policing is required to make available a list of police officers authorised to conduct breath analysis (used in the testing for the presence of alcohol) or oral fluid analysis (used in the testing for the presence of drugs) in the ACT.

What are the penalties for drink driving?

Offences for drink driving vary depending on the alcohol concentration level recorded and the concentration limit which applies to the driver. A first offence can lead to a fine of up to $2400, nine months imprisonment, or both. First time offenders may also have their driver’s licence disqualified for up to three years.

Drivers that repeatedly offend, face a fine of up to $3200, 12 months imprisonment, or both. Repeat offenders may have their driver’s licence disqualified for up to five years.

Police may also impose an Immediate Suspension Notice, which suspends the driver’s licence for up to 90 days.

Drug Driving

Unlike alcohol, any trace of illicit drugs in your system whilst driving a motor vehicle is illegal. ACT Policing commenced Random Roadside Drug Testing (RRDT) in May 2011. These drug tests test for cannabis, methylamphetamine (speed and ice) and MDMA (ecstasy). Drug testing can take place anywhere, anytime – don’t risk it.

The testing only relates to the ‘presence’ of a drug in your system, there is no limit like drink driving. RRDT is a three step process before the driver could be charged with an offence. The first two steps are undertaken by police on the roadside.

First an oral test is used, followed immediately by a ‘preliminary oral fluid analysis’ using an instrument called a Drug Detection System.

If the person is unable to provide a saliva swab, a blood test may be used. A third ‘confirmative’ positive laboratory test is required before a driver is charged; this is conducted by the ACT Government Analytical Laboratory (ACTGAL).

Penalties for drug driving

Drug drivers will be required to appear before the court, similar to those who ‘drink and drive’.

An offending driver can face a loss of their driver’s license for a period specified by the court, be given a fine as well as imprisonment for repeat offenders.

For more information on drug driving visit the City Services Website.