A person who drives, or attempts to drive, a vehicle so much under the influence of alcohol or drugs as to be incapable of exercising effective control of the vehicle AND where a child aged under 16 years is present in the vehicle, is guilty of an offence [Road Traffic Act 1961 (SA) s 47(1a)].
The same penalties apply (being a fine, demerit points and licence disqualification) as if the person was charged with driving under the influence pursuant to section 47(1) of the Road Traffic Act 1961 (SA).
Additionally, where a person is convicted of driving under the influence while a child aged under 16 is present in the vehicle, they will be required to undergo a drug or alcohol dependency assessment prior to reapplying for their licence at the end of the disqualification period [Motor Vehicles Act 1959 (SA) ss 79B(1) and 79B(2)]. See: Drug and Alcohol Assessments.
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