This charge is laid if it is a client’s first or second offence of this type. The charge carries a minimum mandatory driving disqualification period of 6 months. If no defence is available, a client may be eligible for either a Limited (Work) Licence or a discharge without conviction.

However, if the breath alcohol reading A charge of driving with excess breath/blood alcohol (third or subsequent) is laid for the same reasons as the abovementioned. However, it is a client’s third or subsequent offence. This charge is more serious as reflected in the higher maximum term of imprisonment and lengthier minimum mandatory driving disqualification period of “more than one year”. Generally, this equates to 1 year and 1 day. A third or subsequent charge can often result in electronically monitored community or home detention sentences. On the serious end, they can result in imprisonment. This is something to avoid. 

The above charges and penalties are aggravated where either injury or death follows from a motorist being intoxicated. This includes the maximum term of imprisonment and the duration of driving disqualification. The offences can also extend to driving with a qualifying drug in your system. It is noteworthy that if a client’s breath alcohol reading is equal to or over 800 micrograms of alcohol per litre of breath or 160 milligrams of alcohol per 100 millilitres of blood (the blood equivalent), an alcohol interlock sentence must be imposed. Alternatively, if a person has two offences concerning alcohol within a five-year period (notwithstanding whether both readings are under 800 micrograms or 160 milligrams), an alcohol interlock sentence must be imposed.