Drink driving penalties

PLEASE NOTE: Whilst every endeavour has been made to ensure the accuracy of the advice below, reference should be made to the Road Traffic Act 1974 for more detailed legal information.

If you a caught driving with a Blood alcohol content (BAC) of = 0.05 - < 0.08 you may either be infringed or required to appear in court.

The following table shows the penalties that will apply for a first offence of driving with a BAC of = 0.05 - < 0.08.

Blood alcohol content (g/100ml) Infringement Maximum court penalty Demerit points
= 0.05 but < 0.06 $400 $500 3
= 0.06 but < 0.07 $400 $500 4
= 0.07 but < 0.08 $400 $500 5

Note:
= signifies of or above
< signifies less than

The following tables show the court penalties for drink driving offences. The penalties in these tables represent drivers who held a full licence at the time of the offence.

Blood alcohol content (g/100ml) Second offence Subsequent offence
= 0.05
but
< 0.07		 Min
Max
Disq		 $500
$1000
6 months		 $500
$1000
8 months
= 0.07
but
< 0.08		 Min
Max
Disq		 $600
$1000
8 months		 $600
$1000
10 months

Note:
= signifies of or above
< signifies less than

First offence Second offence Subsequent offence
= 0.08
but
< 0.09

Min:
Max:
Disq:

 $500
$1500
6 months 		$600
$1500
8 months		 $600
$1500
10 months
= 0.09
but
< 0.11		 Min:
Max:
Disq:		 $550
$1500
7 months		 $900
$1500
10 months		 $900
$1500
13 months
= 0.11
but
< 0.13		 Min:
Max:
Disq:		 $650
$1500
8 months		 $1200
$2000
14 months		 $1200
$2000
17 months
= 0.13
but
< 0.15		 Min:
Max:
Disq:		 $750
$1500
9 months		 $1600
$2500
18 months		 $1600
$3000
30 months
= 0.15 Min:
Max:
Disq:		 $900
$2500
10 months		 $2100
$3500*
30 months		 $2100
$5000**
Life

Note:
= signifies of or above
< signifies less than
* Option to max fine for second offence is 9 months imprisonment.
** Option to fine for third and subsequent offences is 18 months imprisonment.

A zero BAC applies to the following groups of drivers:

  • Novice Drivers
  • Holders of Extraordinary licences
  • Recently Disqualified Drivers
  • Drivers of:
    • vehicles exceeding 22.5 tonne GCM
    • vehicles carrying dangerous goods (when such goods are being carried)
    • buses (while carrying passengers where the vehicle is equipped to carry more than 12 adults including the driver)
    • small charter vehicles (when carrying passengers for hire or reward)
    • taxis (when carrying passengers for hire or reward)

The following table shows the penalties for a person subject to a zero BAC.

Blood alcohol content (g/100ml) Infringement Minimum Court Penalty Maximum Court Penalty

Demerit Points/Disqualification
= 0 but < 0.02 $100 $150 $300 3
= 0.02 but < 0.05 $150 $300 3 months disqualification

If a novice driver is disqualified, the licence is cancelled. For all other licence holders, a disqualification will result in a suspension.