In the Australian Capital Territory (ACT), drink driving is treated as a serious offence. Whether it is your first time or you are facing a repeat charge, the legal consequences can be severe — including fines, licence disqualification, and even imprisonment.
At Brightstone Defence, our experienced criminal lawyers provide strategic legal representation tailored to your circumstances. We focus on minimising penalties and protecting your future.
Drink Driving Laws in the ACT: Key Legal Framework
All drink driving matters in the ACT must be dealt with in court. Your penalty is determined by your Prescribed Concentration of Alcohol (PCA) level under the Road Transport (Alcohol and Drugs) Act 1977, which classifies PCA into four levels:
Drink Driving PCA Level Categories (ACT)
The PCA level noted in your charge will influence both the court proceedings and the penalties you may receive.
Penalties for Drink Driving Offences
Maximum Penalties
Licence Disqualification Periods
For First-Time Offenders
(Section 27, Road Transport (Alcohol and Drugs) Act 1977)
For Repeat Offenders
(Section 28, Road Transport (Alcohol and Drugs) Act 1977)
Case Outcomes: How Brightstone Defence Achieves Results
- No Conviction for First-Time Offender
A client with a Level 2 PCA avoided conviction and licence disqualification due to our compelling submissions on mitigating circumstances. The client kept a clean record and avoided professional consequences.
- Reduced Disqualification for Repeat Offender
We represented a client with a Level 3 PCA and a prior drink driving conviction. By highlighting remorse and community contributions, we avoided a prison sentence and secured the minimum disqualification. The court also backdated the suspension to include the pre-sentencing period.
- High-Level PCA – Penalties Reduced
For a Level 4 PCA charge, we submitted detailed evidence of mental health stress and rehabilitation efforts. The result: no jail time, a reduced licence disqualification (from 18 to 9 months), and waiver of fines.
Our Services: Strategic Defence Against Drink Driving Charges
- Case Analysis and Legal Advice
We assess your PCA level, background, and case details to develop a clear defence strategy.
- Plea Mitigation and Sentencing Advocacy
We prepare strong submissions focused on your personal circumstances, seeking reduced penalties.
- Applications for Non-Conviction Orders
If eligible, we can apply for a Section 17 order to avoid a criminal conviction, even if found guilty.
- Court Representation from Start to Finish
We represent you at every stage — from your first appearance to sentencing — ensuring you are fully supported and informed.
Frequently Asked Questions (FAQ)
- Do I have to go to court for drink driving in the ACT?
Yes. All drink driving charges are court matters in the ACT, regardless of your PCA level.
- Can I get a non-conviction order?
Yes, especially for first-time offenders. We can help you apply based on your circumstances.
- What if I need my licence for work?
We can make submissions to seek reduced disqualification periods or explore special licence options.
- Will I go to jail for a high PCA?
It depends on your record and the case facts. Our goal is always to avoid a custodial outcome.
What This Means for You
Drink driving charges in the ACT carry significant legal and personal consequences, particularly for repeat offences. However, with the right legal strategy, you may be able to avoid the harshest outcomes. Brightstone Defence is committed to guiding you through the legal process, protecting your record, and minimising the impact on your career and daily life.
Contact Brightstone Defence today to discuss your case and receive expert representation tailored to your circumstances.
Disclaimer: The information above is general and for informational purposes only. Please seek advice from a qualified lawyer regarding your specific circumstances.
