Once it wasn’t unusual for the average person to see no issue with driving despite having had a few drinks, and while the general public’s awareness has increased, still 21% of Australian road fatalities in 2022 involved a driver with an illegal BAC.
There are many penalties someone can face if they do drive over the legal limit, including fines, licence suspension, being subject to alcohol interlocks, complete licence loss, or even prison time.
A study has found that those who have had their licence banned/disqualified or alcohol interlocks installed are less likely to re-offend. However, the same study found that the highest rate of drink driving offences occurred during the period between an individual was initially detected for driving over their legal BAC and when they went to court/received their licence ban.
Below we will go over what drink driving is and what penalties you can face throughout Australia.
What is drink driving?
Drink driving often refers to one of two things, the first is driving with the presence of alcohol in your system, the second is driving with a BAC above the legal limit.
BAC stands for blood alcohol concentration and is measured by the grams of alcohol per 100ml of blood. In Australia you must have a BAC of 0.05 or lower when driving, this translates to 50 miligrams of alcohol per 100ml of blood.
Most of us who drive have experienced a roadside breath test (RBT) which is used to determine our BAC. During this, we are required to blow into a breathalyser that then uses the alcohol vapor in our breath to take a preliminary measure of our BAC. If this test shows that you are over the legal limit, you will then be required to take another breath test on a more sensitive machine for a more accurate result. You are also able to request a blood test as another means to test your BAC.
The Lion Alcolmeter SD-400 breath screening device, one of the approved breathalyzers for the federal police, determines BAC by measuring the electrical current that is created by the alcohol present in someone’s breath that causes oxidisation on one electrode resulting in a transfer of electrons to the second electrode.
How does drink driving impact driving performance?
While most people consider alcohol as something that boosts their mood, some may be surprised to learn that alcohol falls into the class of depressants.
The effects on the body include reduced cognitive processing, meaning that it takes longer for you to take in, understand, and assess information, as well as making it harder to concentrate. It impacts the way that your body is able to move and as a result, you are slower and more unsteady. It can also affect your other senses and lead to blurriness of vision, dulled noises, and reduced senses of touch and pain. It also affects your perception of things, making it difficult to accurately judge speed, distance, and proximity.
All of these factors are crucial to driving to ensure that you can identify and accurately react to potential hazards. Collisions can occur on your best days, so the risk of being in a crash significantly increases after the consumption of alcohol.
Is drink driving a criminal offence?
While it is legal for most licence holders in Australia to have some alcohol in their system while driving, there is a limit and exceeding it is a criminal offence that can lead to fines, imprisonment, and even a complete loss of licence.
The national highest limit is a BAC of 0.05, though this only applies to standard full licence holders, if you have a special class of licence such as a probationary licence or a heavy vehicle licence this can change based on state and is best to check in with your relevant government bodies.
The penalties you can face also change between states and territories and most often vary based on how much you are over the limit and if you are a reoffender.
Drink driving penalties by state
Each state and territory have their own penalties for drink driving offences, further it is often up to the court to decide which and what degree of the penalties you will face, as such below are the penalties that you could be subject to.
NSW
In NSW a penalty notice fine refers to an on-the-spot fine, and an automatic disqualification period applies in the absence of a court order. Further, drivers convicted with two drink driving offences within a five-year period must pass the driver knowledge test before being licensed again.
The penalty unit cost as of February 2025 is $110 in NSW.
Low Range (BAC between 0.05 and 0.079), Novice Range (L or P plater with a BAC above zero), or Special Range (special category driver with a BAC above 0.02)
First offence
A maximum court fine of 20 penalty units, immediate licence suspension, disqualification period between three and six months with an automatic disqualification period of six months.
Subsequent offence
Maximum court fine of 30 penalty units, immediate licence suspension, an automatic disqualification period of 12 months, and a minimum disqualification period of six months that has an unlimited maximum.
Mid-Range (BAC between 0.08 and 0.15)
First offence
One or both of a maximum court fine of 20 penalty units or a maximum prison term of nine months. An immediate licence suspension, an automatic disqualification period of 12 months, a minimum disqualification period of 6 months with an unlimited maximum, and is subject to an alcohol interlock order.
Subsequent offence
One or both of a maximum court fine of 30 penalty units or a maximum prison term of 12 months. An immediate licence suspension, an automatic disqualification period of three years, a minimum disqualification period of 12 months and an unlimited maximum, and is subject to an alcohol interlock order.
High Range (BAC above 0.015)
First offence
One or both of a maximum court fine of 30 penalty units or a maximum prison term of 18 months. An immediate licence suspension, an automatic disqualification period of three years, a minimum disqualification period of 12 months and an unlimited maximum, and is subject to an alcohol interlock order.
Subsequent offence
One or both of a maximum court fine of 50 penalty units or a maximum prison term of two years. An immediate licence suspension, an automatic disqualification period of five years, a minimum disqualification period of two years and an unlimited maximum, and is subject to an alcohol interlock order.
Queensland
All drinking driving offences below 0.10 BAC in Queensland incur a 24 hour licence suspension from when your BAC is confirmed as being higher than your legal limit.
Further, an immediate licence suspension will be in effect until the charge is either dealt with at court, withdrawn, or discontinued, if you have a pending drink driving charge, you have a section 79E order that is subject to an X4 condition, have been charged with a drink driving offence exceeding a 0.10 BAC, have been charged with dangerous operation of a vehicle while under the influence, or refuse to provide a breath or blood specimen when requested.
In the event you receive a licence disqualification, you have to apply to get your licence after the disqualification period ends, you will then be issued a probationary licence that you will have to hold for at least a year. You might also need to complete an online drink driving course or the repeat drink driving course, you could also be subject to an alcohol interlock.
As of February 2025, a penalty unit is worth $161.30 in QLD.
First Offence
BAC above 0.00 but below 0.05 (this applies to learner, probationary, and certain licence holders)
A licence disqualification of three to nine months, and a maximum fine of 14 penalty units or a maximum prison term of three months.
BAC of 0.05 and over, but below 0.10
A licence disqualification of three to nine months, and a maximum fine of 14 penalty units or a maximum prison term of three months.
BAC of 0.10 and over, but below 0.15
A licence disqualification of three to 12 months, a maximum fine of 20 penalty units, and a maximum prison term of six months.
BAC of 0.15 and over
A licence disqualification for a minimum of six months, a maximum fine of $4516, and a maximum prison term of nine months.
Repeat Offence
If you are a repeat drink driving offender, you could have your licence disqualified, and fined up to 60 penalty units or sentenced to a term of prison decided by the court. Further, if your BAC is above 0.15 or you fail to provide a specimen of breath or blood you could have your car impounded.
Victoria
A penalty unit in Victoria for the period of July 1 2024 to June 30 2025 is $197.59.
First offence
BAC less than 0.05 if you have a zero BAC requirement (including L and P platers, Z condition)
An infringement of 2.50 penalty units, a maximum court fine of 20 penalty units, have your licence or permit cancelled, have at least a three-month driving disqualification, and have a minimum of a three-year zero BAC requirement. You will also need to complete a Drink Driver Behaviour Change Program and have an interlock fitted for a minimum of six months by VicRoads.
BAC between 0.05 and 0.069 and have a zero BAC requirement or are under 26 years of age
An infringement of three penalty units, a court fine of 20 penalty units, have your licence or permit cancelled, have a minimum six-month driving disqualification, and have a minimum of a three-year zero BAC requirement. You will also need to complete a Drink Driver Behaviour Change Program and have an interlock fitted for a minimum of six months by VicRaods.
BAC 0.05 and 0.069 and have a full licence with no zero BAC requirement and are 26 years old or older
An infringement of three penalty units, a court fine of 20 penalty units, have your licence cancelled, disqualified from driving for three months if you received a Traffic Infringement Notice, and the court can disqualify you for a total of six months. You will also need to complete a Drink Driver Behaviour Change Program and have an interlock fitted for a minimum of six months by VicRaods.
BAC between 0.07 but less than 0.10
An infringement of three penalty units, a court fine of 20 penalty units, have your licence or permit cancelled, have a minimum six-month driving disqualification, and have a minimum of a three-year zero BAC requirement. You will also need to complete a Drink Driver Behaviour Change Program and have an interlock fitted for a minimum of six months by VicRaods.
BAC between 0.10 but less than 0.15
An infringement of 4.25 penalty units, a court fine of 20 penalty units, have your licence or permit cancelled, be disqualified from driving for at least 10-14 months, and have a minimum of a three-year zero BAC requirement. You will also need to complete a Drink Driver Behaviour Change Program and have an interlock fitted for a minimum of six months by VicRaods.
BAC of 0.15 or above
A court fine of 20 penalty units, have your licence or permit cancelled, be disqualified from driving for at least 15-24 months, and have a minimum of a three-year zero BAC requirement. You will also need to complete an Intensive Drink and Drug Driver Behaviour Change Program and have an interlock fitted for a minimum of six months by VicRaods.
Second Offences
BAC less than 0.15
A court fine of 60 penalty units, have your licence or permit cancelled, be disqualified from driving for at least 12-28 months, and have a minimum of a three-year zero BAC requirement. You will also need to complete an Intensive Drink and Drug Driver Behaviour Change Program and have an interlock fitted by VicRoads for a minimum of 12 months.
BAC 0.15 or above
A court fine of 120 penalty units, have your licence or permit cancelled and be disqualified from driving for at least 30-48 months. You will also need to complete an Intensive Drink and Drug Driver Behaviour Change Program and have an interlock fitted for a minimum of four years by VicRoads and have a zero BAC requirement for the full duration of the interlock.
Subsequent Offences
BAC less than 0.15
A court fine of 120 penalty units, have your licence or permit cancelled and be disqualified from driving for a time period determined by the court. You will also have an interlock fitted for a minimum of four years by VicRoads and have a zero BAC requirement for the full duration of the interlock.
BAC 0.15 or above
A court fine of 180 penalty units, have your licence or permit cancelled and be disqualified from driving for a time period determined by the court. You will also have an interlock fitted for a minimum of four years by VicRoads and have a zero BAC requirement for the full duration of the interlock.
Western Australia
In Western Australia, alcohol interlocks are mandatory if you are caught with a 0.15 BAC or above, are convicted of dangerous driving causing bodily harm or death while under the influence of alcohol that inhibited you from having proper control over the vehicle, have committed a second drinking offence of any kind within five years, or fail to comply with a request of a breath sample to WA Police.
Further, if you are caught with a BAC of 0.05 above but less than 0.08 for the first time, you can deal with it by way of infringement and not have to be prosecuted in court, this is not available for subsequent offences.
As of July 2024, a penalty unit is worth $50.00 in WA.
Infringements
BAC of 0.05 or above but below 0.06
A fine of $1000 and three demerit points.
BAC of 0.06 or above but below 0.07
A fine of $1000 and four demerit points.
BAC of 0.07 or above but below 0.08
A fine of $1000 and five demerit points.
BAC 0.05 or above but below 0.07 for full licence holders
First Offence
A maximum fine of 25 penalty units.
Second offence
A fine between 25 and 40 penalty units, and a minimum of a six-month licence disqualification.
Subsequent offences
A fine between 25 and 40 penalty units, and a minimum of an eight-month licence disqualification.
BAC 0.07 or above but below 0.08 for full licence holders
First Offence
A maximum fine of 25 penalty units.
Second offence
A fine between 30 and 40 penalty units, and a minimum of an eight-month licence disqualification.
Subsequent offences
A fine between 30 and 40 penalty units, and a minimum of a 10-month licence disqualification.
BAC 0.08 or above but below 0.09 for full licence holders
First Offence
A fine between 15 and 45 penalty units, and a minimum of a six-month licence disqualification.
Second offence
A fine between 32 and 45 penalty units, and a minimum of an eight-month licence disqualification.
Subsequent offences
A fine between 32 and 45 penalty units, and a minimum of a 10-month licence disqualification.
BAC 0.09 or above but below 0.11 for full licence holders
First Offence
A fine between 17 and 45 penalty units, and a minimum of a seven-month licence disqualification.
Second offence
A fine between 34 and 45 penalty units, and a minimum of a 10-month licence disqualification.
Subsequent offences
A fine between 34 and 45 penalty units, and a minimum of a 13-month licence disqualification.
BAC 0.11 or above but below 0.13 for full licence holders
First Offence
A fine between 20 and 45 penalty units, and a minimum of an eight-month licence disqualification.
Second offence
A fine between 36 and 60 penalty units, and a minimum of a 14-month licence disqualification.
Subsequent offences
A fine between 36 and 60 penalty units, and a minimum of a 17-month licence disqualification.
BAC 0.13 or above full licence holders
First Offence
A fine between 23 and 45 penalty units, and a minimum of a nine-month licence disqualification.
Second offence
A fine between 48 and 75 penalty units, and a minimum of an 18-month licence disqualification.
Subsequent offences
A fine between 48 and 90 penalty units, and a minimum of a 30-month licence disqualification.
Zero BAC drivers
A zero BAC driver includes a range of different drivers, including novice drivers and drivers of vehicles carrying dangerous goods.
BAC above 0.00 and above but below 0.05
A fine between eight and 15 penalty units, and a minimum licence disqualification of three months.
South Australia
In South Australia, a mandatory interlock is fitted to your vehicle following your disqualification period if you have a subsequent BAC between 0.08 and 0.149 offence or if your BAC exceeds 0.15.
There are no penalty units in SA.
BAC between 0.05 and 0.079
First offence
Four demerit points, and either an on the spot fine of $849 (which is only an option if it is your first offence), or a $1100 fine, and a minimum three-month licence disqualification.
Second offence
A fine of $1100, and a minimum six-month, licence disqualification.
Subsequent offences
A fine of $1100, a minimum nine-month licence disqualification for a third offence, and a minimum 12-month licence disqualification for subsequent offences.
BAC between 0.08 and 0.149
First offence
A fine between $900 and $1300, five demerit points, and a minimum licence disqualification of six months.
Second offence
A fine between $1100 and $1600 and a minimum 12-month licence disqualification.
Subsequent offences
A fine between $1500 and $2200, and a minimum two-year licence disqualification.
BAC of 0.15 or more
First offence
A fine between $1100 and $1600, six demerit points, and a minimum licence disqualification of 12 months.
Second offence
A fine between $1600 and $2400, and a minimum three-year licence disqualification.
Subsequent offences
A fine between $1900 and $2900, and a minimum three-year licence disqualification.
Tasmania
A Penalty unit is worth $202 between July 2024 and June 2025 in Tas.
BAC less than 0.05
First offence
A fine between two and 10 penalty units, a three to 12-month licence disqualification, and a three-month term of imprisonment.
Subsequent offence
A fine between four and 20 penalty units, a six to 24-month licence disqualification, and a six-month term imprisonment.
BAC of 0.05 or more, but less than 0.10
First offence
A fine between two and 10 penalty units, a three to 12-month licence disqualification, and a three-month term of imprisonment.
Subsequent offence
A fine between four and 20 penalty units, a six to 24-month licence disqualification, and a six-month term of imprisonment.
BAC of 0.10 or more but less than 0.15
First offence
A fine between four and 20 penalty units, a six to 18-month licence disqualification, and a six-month term of imprisonment.
Subsequent offence
A fine between eight and 40 penalty units, a 12 to 36-month licence disqualification, and a 12-month term of imprisonment.
BAC of 0.15 or more
First offence
A fine between five and 30 penalty units, a 12 to 36-month licence disqualification, and a 12-month term of imprisonment.
Subsequent offence
A fine between 10 and 60 penalty units, a 24 to 72-month licence disqualification, and a 24-month term of imprisonment.
Northern Territory
In the Northern Territory, if you have been charged with a second or subsequent low-range or mid-range driving offence, any high-range driving offence, fail to provide a breath or blood sample when requested, or been charge with a second or subsequent offence for dangerous driving of a vehicle while under the influence, are a driver instructor, or the holder of a licence or driving a vehicle that requires a zero BAC, is a mandatory licence suspension.
Between July 2024 and June 2025, a penalty unit in the NT is worth $185.
BAC above 0.00 if you are under 18 and a learner, provisional, probationary, or unlicensed driver
First offence
A mandatory minimum three-month licence disqualification, a fine of up to five penalty units, and a maximum term of imprisonment of three months.
Second and subsequent offences
A mandatory minimum six-month licence disqualification, a court-ordered fine of up to 7.5 penalty units, and a maximum term of imprisonment of six months.
BAC above 0.00 if you are a driver of certain vehicles, including vehicles carrying dangerous goods or a vehicle with a gross vehicle mass over 15 tones
First offence
An infringement notice of a $400 on-the-spot fine or a court-ordered fine of up to five penalty units, three demerit points, and a maximum term of imprisonment of three months.
Second and subsequent offences
A minimum licence disqualification of three months for a second offence and six months for subsequent offences, an infringement of a $400 on-the-spot fine or a court-ordered fine of up to 7.5 penalty units, three demerit points, and a minimum imprisonment term of six months.
BAC of 0.05 and above but below 0.08
First offence
Minimum three-month licence disqualification, an infringement of a $400 on-the-spot fine or a court-ordered fine of up to five penalty units, three demerit points, and a maximum term of imprisonment of three months.
Second and subsequent offences
A minimum of six-month licence disqualification, a fine of up to 7.5 penalty units, three demerit points and a maximum term of imprisonment of six months.
BAC of 0.08 and above, but below 0.15
First offence
A minimum six-month disqualification, a maximum fine amount of 7.5 penalty units, and a maximum prison term of six months.
Second and subsequent offences
A minimum licence disqualification of 12 months, a fine of up to 20 penalty units, and a maximum imprisonment term of 12 months.
BAC of 0.15 and above
First offence
Minimum licence disqualification of 12 months, a fine of up to 10 penalty units, and a maximum prison term of 12 months.
Second and subsequent offences
A minimum licence disqualification of 18 months, a fine of up to 20 penalty units, and a maximum imprisonment term of 12 months.
ACT
In the Australian Capital Territory, if you have two or more previous drinking driving offence in the past five years, are convicted of a BAC 0.15 or above driving offence, or refuse to provide a sample you are subject to a mandatory interlock condition on your licence following a disqualification period.
Further, everyone convicted of a drinking, or drug, driving offence must complete an alcohol and drug awareness course before their disqualification period ends and any further licence can be issued.
However, you are allowed to apply for a probationary licence with an interlock condition, if you have completed half of your disqualification period and have no other restrictions for holding a licence.
A penalty unit in ACT is worth $160 as of February 2025.
BAC below 0.05 (known as level 1)
First offence
Maximum fine of 25 penalty units, a six-month default driving disqualification with a minimum of three months.
Repeat offence
A maximum fine of 50 penalty units or imprisonment for 6 months, or both. A 12-month default driving disqualification with a minimum of six months.
BAC of 0.05 and above, but below 0.08 (known as level 2)
First offence
Maximum fine of 25 penalty units, a six-month default driving disqualification with a minimum of three months.
Repeat offence
A maximum fine of 50 penalty units or imprisonment for six months, or both. A 12-month default driving disqualification with a minimum of six months.
BAC of 0.08 and above, but below 0.15 (known as level 3)
First offence
A 12-month default driving disqualification with a minimum of six months. Also, with either one or both of a fine of 50 penalty units and six-month term of imprisonment.
Repeat offence
A two-year default driving disqualification with a minimum of 12 months. Also, with either one or both of a fine of 100 penalty units and 12-month term of imprisonment.
BAC of 0.15 and above (known as level 4)
First offence
An 18-month default driving disqualification with a minimum of nine months. Also, with either one or both of a fine of 75 penalty units and nine-month term of imprisonment.
Repeat offence
A three-year default driving disqualification with a minimum of 18 months. Also, with either one or both of a fine of 150 penalty units and 18-month term of imprisonment.
What are my options if I have to go to court for drink driving?
If you need to go to court regarding a drink driving charge, then we recommend getting in contact with a legal professional to discuss your options.
You will most likely have two options, either plead guilty, in which case you will proceed to sentencing, or not guilty, where there should be a chance to present evidence to the court. It is worth noting that there is no jury in a magistrate’s court and the ruling is made by a judicial officer, often the magistrate.
There are free services available to contact if you believe that you have been wrongly charged with drink driving depending on where you live but being aware that you were over the limit is not a sufficient defense.
How long does a DUI stay on your record in Australia?
For a convicted offence, including driving under the influence, to not be listed on your criminal record it needs to meet the criteria to become spent.
A spent conviction will not appear on police checks, nor do you have to disclose it to anyone. However, there will still be a record of it and if you are convicted of another crime, the judge can have access to your spent convictions and take them into account when deciding on your penalty.
For a conviction to be considered spent you will need to complete a period of time with no offences, these typically start at the point of conviction or the end of a prison sentence. The length of time varies state by state, but it tends to be somewhere around 10 years for adults and eight years for juveniles. Further, not every conviction is eligible to become spent.
Convictions that are typically considered to be serious crimes, such as abuse of the elderly, will not be able to be spent, but this does vary between states and territories. Further, convictions that would otherwise be considered spent may be disclosed in police checks for certain purposes such as applying for a firearm permit.
Depending on the conviction and where you live you may have to apply for it to become spent, otherwise it will occur automatically.
How long do you lose your licence for drink driving?
The length of time you can lose your licence for drink driving in Australia varies between the states and territories. Western Australia has some of the most extreme disqualification laws, where you can lose your licence permanently.
Most jurisdiction’s minimum disqualification periods start around three months and can extend further at the court’s discretion.
Book a TOIP program with Road Sense Australia
If you find yourself in a situation where you have been charged with a driving offence, like drink driving, we offer an evidence-based Traffic Offender Intervention Program that is not about judgement, but rather about providing all our participants with the information and education they need to make the best choices they can on the road and create safer road users. Our TOIP is available to be completed online either in a virtual classroom over zoom or a self-paced program that you can stop and start and have access to over 32 days, we also offer a face-2-face option in some locations. Further, our course is NSW court accredited and recognised by courts in WA and QLD.
If you would like more information or to book please check out our TOIP page or reach out to us.
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