Have you been charged with Consume Intoxicating Liquor While Driving?
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Exceeding the Prescribed Concentration of Alcohol (“ PCA ”)
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Refusing to Undergo a Preliminary Breath Test
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Refuse or Fail to Comply with a Request or Signal to Stop
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Refusing to Comply With Directions Made by Police Regarding
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Exceeding the Prescribed Concentration of Alcohol (Breath Analysis) within 3 Hours
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Driving a Motor Vehicle With a Blood Sample Indicating a Prescribed Concentration of Alcohol
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Expca of Drugs and Alcohol Within 3 Hours of Driving or Being in Charge
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Consume Intoxicating Liquor While Driving
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Consuming Intoxicating Liquor While Supervising Driving a Learner Driver
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Breach of Alcohol Interlock Condition
What does it mean to be charged with consuming intoxicating liquor while driving?
Section 49B of the Road Safety Act (“RSA”) makes it an offence for a person to consume intoxicating liquor while driving a motor vehicle or while in charge of a motor vehicle.
This offence is designed to prevent any immediate consumption of alcohol while operating or being responsible for a vehicle, addressing a potential risk to road safety by prohibiting the act of drinking alcohol while engaged in driving activities.
This offence does not result in disqualification of license.
What Must the Prosecution Prove?
To successfully convict someone of an offence under Section 49B, the prosecution must prove the following elements beyond a reasonable doubt:
- You consumed intoxicating liquor (i.e., any beverage that contains alcohol) while driving a motor vehicle or while in charge of a motor vehicle.
- At the time of consumption, the defendant was either driving the motor vehicle or was in charge of the motor vehicle.
This includes having control or responsibility for the vehicle, even if the vehicle is not in motion.
Under subsection (2), a person is only considered to be “in charge” of a motor vehicle if they fall under the definitions provided in Section 3AA(1)(a), (b), or (c) of the Act. These sections outline specific circumstances where a person is deemed to be in charge of a vehicle (e.g., sitting in the driver’s seat, in possession of the ignition key, etc.).
Penalties for consuming intoxicating liquor while driving or being in charge of a motor vehicle:
The offence of consuming intoxicating liquor while driving or being in charge of a motor vehicle carries a penalty of 10 penalty units.
Where will my case be heard?
Consuming intoxicating liquor while driving cases will be heard will be heard in the Magistrates Court.
Factors and defences to consider:
- Were you driving while consuming an alcohol drink?
- Was the car stationary or moving while you were drinking?
- Were you “in charge” of the vehicle according to law? Or were you a passenger?
- Do you have any previous convictions of a similar nature to this offence?
- What were the surrounding circumstances of this offence?
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-
Exceeding the Prescribed Concentration of Alcohol (“ PCA ”)
-
Refusing to Undergo a Preliminary Breath Test
-
Refuse or Fail to Comply with a Request or Signal to Stop
-
Refusing to Comply With Directions Made by Police Regarding
-
Exceeding the Prescribed Concentration of Alcohol (Breath Analysis) within 3 Hours
-
Driving a Motor Vehicle With a Blood Sample Indicating a Prescribed Concentration of Alcohol
-
Expca of Drugs and Alcohol Within 3 Hours of Driving or Being in Charge
-
Consume Intoxicating Liquor While Driving
-
Consuming Intoxicating Liquor While Supervising Driving a Learner Driver
-
Breach of Alcohol Interlock Condition
What happens next?
If you have been charged with consuming intoxicating liquor while driving under Section 49B, it is essential to seek legal representation promptly. Contacting MK Law will provide you with expert guidance through the legal process, starting with your required court appearance, where you can enter your plea. Your lawyer will thoroughly review the evidence against you, develop a defence strategy, and explore potential mitigating factors if you are found guilty.
Whether you choose to plead guilty or not guilty, having experienced legal counsel is crucial to protecting your rights and navigating the complexities of your case. Don’t hesitate to reach out to MK Law on 1800 130 120 for a consultation to discuss your situation and determine the best course of action.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au