Road Traffic Act 1961

A person must not—

drive a motor vehicle; or

attempt to put a motor vehicle in motion, while there is present in the person's blood the prescribed concentration of alcohol as defined in section 47A.

for a first offence—

being a category 1 offence—$1 100;

being a category 2 offence—a fine of not less than $900 and not more than $1 300;

being a category 3 offence—a fine of not less than $1 100 and not more than $1 600;

for a second offence—

being a category 1 offence—$1 100;

being a category 2 offence—a fine of not less than $1 100 and not more than $1 600;

being a category 3 offence—a fine of not less than $1 600 and not more than $2 400;

for a third or subsequent offence—

being a category 1 offence—$1 100;

being a category 2 offence—a fine of not less than $1 500 and not more than $2 200;

being a category 3 offence—a fine of not less than $1 900 and not more than $2 900.

If a person engages in conduct involving a motor vehicle that constitutes an offence against subsection (1) (other than a category 1 offence) while a child under the age of 16 years is present in or on that motor vehicle, the person commits an offence against this subsection and is liable to the same penalty as is prescribed for an offence against subsection (1).

If a person is charged with an offence against subsection (1a) but the court is not satisfied that an offence against that subsection has been established beyond reasonable doubt, the person may be convicted, on that charge, of an offence against subsection (1) if the court is satisfied that an offence against subsection (1) has been so established.

If a court convicts a person of an offence against this section, the following provisions apply:

the court must order that the person be disqualified from holding or obtaining a driver's licence—

in the case of a first offence—

being a category 1 offence—for such period, being not less than

being a category 2 offence—for such period, being not less than 6 months, as the court thinks fit;

being a category 3 offence—for such period, being not less than 12 months, as the court thinks fit;

in the case of a second offence—

being a category 1 offence—for such period, being not less than 6 months, as the court thinks fit;

being a category 2 offence—for such period, being not less than 12 months, as the court thinks fit;

being a category 3 offence—for such period, being not less than 3 years, as the court thinks fit;

in the case of a third offence—

being a category 1 offence—for such period, being not less than 9 months, as the court thinks fit;

being a category 2 offence—for such period, being not less than 2 years, as the court thinks fit;

being a category 3 offence—for such period, being not less than 3 years, as the court thinks fit;

in the case of a subsequent offence—

being a category 1 offence—for such period, being not less than 12 months, as the court thinks fit;

being a category 2 offence—for such period, being not less than 2 years, as the court thinks fit;

being a category 3 offence—for such period, being not less than 3 years, as the court thinks fit;

the disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence unless, in the case of a first offence, the court is satisfied, by evidence given on oath, that the offence is trifling, in which case it may order a period of disqualification that is less than the prescribed minimum period but not less than one month;

if the person is the holder of a driver's licence—the disqualification operates to cancel the licence as from the commencement of the period of disqualification;

the court may, if it thinks fit to do so, order that conditions imposed by section 81A or 81AB of the Motor

In determining whether an offence is a first, second, third or subsequent offence for the purposes of this section (other than subsection (5)), any previous drink driving offence or drug driving offence for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the prescribed period immediately preceding the date on which the offence under consideration was committed.

If—

a person aged 16 years or more is alleged to have committed a category 1 offence; and

the information available to members of SA Police at the relevant time for the alleged offence indicates that the person has not committed or allegedly committed another drink driving offence or drug driving offence within the prescribed period immediately preceding the date on which the offence under consideration was allegedly committed, the person cannot be prosecuted for that offence unless the person has first been given an expiation notice under the Expiation of Offences Act 1996 in respect of the offence.

In this section—