Maximum Penalties for Repeat Drink Driving: Report

References

Australian Transport Safety Bureau, Alcohol and Road Fatalities (2001) Monograph 5

Briscoe, Suzanne, ‘The Impact of Increased Drink-Driving Penalties on Recidivism Rates in NSW’ (2004) 5 Alcohol Studies Bulletin, NSW Bureau of Crime Statistics and Research

Fox, Richard and Freiberg, Arie, Sentencing: State and Federal Law in Victoria (2nd ed, 1999)

Freeman, James, et al, 'A Preliminary Investigation into a Group of Recidivist Drink Drivers' Experiences and Perceptions of Legal Sanctions' (Paper presented at the 'Road Safety Research, Policing and Education Conference, 14-16 November 2004', Perth, WA)

Freiberg, Arie, Pathways to Justice: Sentencing Review 2002 (2002)

Lander, H., 'Road Trauma and Drink Driving a Deadly Double' (1987) 7 Law Institute Journal 678

Moffat, Steve, et al, ‘Sentencing Drink-Drivers: The Use of Dismissals and Conditional Discharges’ (2004) 81 Crime and Justice Bulletin, NSW Bureau of Crime Statistics and Research

RACV, Drink Driver Rehabilitation and Education in Victoria 05/01 (2005) Research Report

RACV, Drink Driver Rehabilitation and Education in Victoria Summary Report 05/01 (2005) Report Summary

Repeat Drink Driving Working Group (Western Australia), Report of the Repeat Drink Driving Working Group (2003)

Saffron, David and Chilvers, Marilyn, ‘Sentencing High-Range PCA Drink-Drivers in NSW’ (2003) 77 Crime and Justice Bulletin, NSW Bureau of Crime Statistics and Research

Sentencing Task Force, Victoria, Review of Statutory Maximum Penalties in Victoria: Report to the Attorney-General (written by Richard Fox and Arie Freiberg for the Sentencing Task Force, Victoria) (1989)

VicRoads, Getting Tougher on Drink Drivers Publication Number 01047

VicRoads, The Next Step for Drink Driving Offenders Publication Number 00119/8 (2005)

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Appendix 1—Section 49(1)–(3) Road Safety Act 1986 (Vic)

Section 49(1) provides:

1. 
   A person is guilty of an offence if he or she—
   
   1. 
      drives a motor vehicle or is in charge of a motor vehicle while under the influence of intoxicating liquor or of any drug to such an extent as to be incapable of having proper control of the motor vehicle; or
      
   2. 
      drives a motor vehicle or is in charge of a motor vehicle while the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in his or her blood or breath; or
      

…

3. 
   refuses to undergo a preliminary breath test in accordance with section 53 when required under that section to do so; or
   

…

4. 
   refuses or fails to comply with a request or signal to stop a motor vehicle, and remain stopped, given under section 54(3); or
   
5. 
   refuses to comply with a requirement made under section 55(1), (2), (2AA), (2A) or (9A); or
   

…

1. 
   within 3 hours after driving or being in charge of a motor vehicle furnishes a sample of breath for analysis by a breath analysing instrument under section 55 and—
   

1. 
   the result of the analysis as recorded or shown by the breath analysing instrument indicates that the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in his or her breath; and
   
2. 
   the concentration of alcohol indicated by the analysis to be present in his or her breath was not due solely to the consumption of alcohol after driving or being in charge of the motor vehicle; or
   

1. 
   has had a sample of blood taken from him or her in accordance with section 55, 55B, 55E or 56 within 3 hours after driving or being in charge of a motor vehicle and—
   

1. 
   the sample has been analysed within 12 months after it was taken by a properly qualified analyst within the meaning of section 57 and the analyst has found that at the time of analysis the prescribed concentration of alcohol or more than the prescribed concentration of alcohol was present in that sample; and
   
2. 
   the concentration of alcohol found by the analyst to be present in that sample was not due solely to the consumption of alcohol after driving or being in charge of the motor vehicle.
   

…

2. 
   A person who is guilty of an offence under paragraph (a) of sub-section (1), other than an accompanying driver offence, is liable—
   

1. 
   in the case of a first offence, to a fine of not more than 25 penalty units or to imprisonment for a term of not more than 3 months; and
   
2. 
   in the case of a subsequent offence, to imprisonment for a term of not more than 12 months.
   

3. 
   A person who is guilty of an offence under paragraph (b), (ba), (c), (ca), (d), (e), (ea), (f) or (g) of sub-section (1), other than an accompanying driver offence, is liable—
   
   1. 
      in the case of a first offence, to a fine of not more than 12 penalty units; and
      
   2. 
      in the case of a subsequent offence, to a fine of not more than 25 penalty units or to imprisonment for a term of not more than 3 months.