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Prescribed concentration of alcohol where child aged under 16 present in vehicle

A person will be guilty of an offence if they drive, or attempt to drive, a motor vehicle with more than the 'prescribed concentration of alcohol' (PCA)in their blood, and while a child aged under 16 years is present in the vehicle [see Road Traffic Act 1961 (SA) s 47B(1a)].

For this offence, the 'prescribed concentration of alcohol' is a level of 0.08 or above (category 2 or above).

A person charged with a PCA offence where a child aged under 16 years is also present in the vehicle is subject to the same penalties as if they were charged with the equivalent PCA offence pursuant to section 47B(1) of the Road Traffic Act 1961 (SA).

Prior to reapplying for their licence at the end of the disqualification period, they will also be required to undergo an alcohol dependency assessment to determine whether they are dependant on alcohol [see Motor Vehicles Act 1959 (SA) s 79B(1)]. See: Drug and Alcohol Dependency Assessment.

Prescribed concentration of alcohol where child aged under 16 present in vehicle  :  Last Revised: Wed Apr 18th 2018
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.