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On this page, you will find useful information about drink driving penalties, including

  • links to information about specific charges,
  • a table listing the maximum drink driving drink driving penalties (both prison and disqualification), and
  • a table lising the minimum period that a Magistrate can disqualify you for after finding you guilty of certain offences.

Drink Driving Penalties


If you have been charged with a driving offence and need advice or representation, please contact us immediately by calling 03 9670 5111 or book an appointment to meet with one of our lawyers.



Definitions


Automatic period of disqualification = period of disqualification you can expect to receive unless their is good reason to reduce the period of disqualification.


Minimum period of disqualification = The minimum period of disqualification the court can impose by law.

Major Offences

  • Drink driving
  • Drug driving 
  • Exceed Prescribed Concentration of Alcohol (exceed PCA)
  • Refuse to accompany to Police Station
  • Refuse Breath test
  • Refuse to give blood or urine test
  • Refuse Breath analysis
  • DUI
  • Driving under the influence
  • s49 (1) (b) or s49 (1) (f) charges

Drink Driving Sentences: Disqualification Periods

To see the fines and maximum prison terms that can be given as drink driving sentences, click on the ticked box below. That will then open up a table with all the information from the Road Safety Act.

Hide Table

Offences - s49(1)   Penalty – s49  Cancellation and Interlock – s50, s50AAA, s50AAB
   1st Offence 2nd Offence   3rd and Subsequent Offences  1st Offence  2nd Offence
 (a) Driving while under the influence of
drugs or alcohol to such an extent as to be
incapable of having proper control of the
vehicle
 Fine of 25 Penalty Units
or up to 3 months
imprisonment
Fine of 120 Penalty Units or up to 12 months imprisonment
 Fine of 180 Penalty Units or up to 18 months
imprisonment
Must cancel for at least
2 years
The Court must impose an interlock for
at least 6 months
 		  Must cancel for at least 4 years
The Court must impose an interlock
for at least 4 years
 b) Exceed PCA .05 [Exceed 0.0 for L and P
plate drivers s52]
(f) Exceed PCA .05 – breath test within 3
hours
(g) Exceed PCA .05 – blood test within 3
hours
 Fine of 12 Penalty Units  Less than 0.15
Fine of 60 Penalty Units or
up to 6 months
imprisonment
Greater than 0.15
Fine of 120 Penalty Units or
up to 12 months
imprisonment
 		  Less than 0.15
Fine of 120 Penalty
Units or up to 12 months
imprisonment
 Greater than 0.15
Fine of 180 Penalty
Units or up to 18 months
imprisonment
 P and L Drivers less than .05 the Court
may cancel for not more than 6 months
If the court cancels the driver’s license
then the court may also impose an
interlock for at least 6 months.
 Must cancel a P or L Driver on a
subsequent offence for at least the
minimum time listed in column 2 of
Schedule 1
Less than .15 the Court must impose
an interlock for at least 12 months
More than .15 the Court must impose
an interlock for at least 4 years
 Less than .07 and the driver is 26 years
old or older the Court may choose not to
record a conviction and not cancel the
driver’s license
If the court cancels the driver’s license
then the court may also impose an
interlock for at least 6 months.
If the driver is under 26 and between .05
and .07 the court must impose an
interlock for at least 6 months
 Less than .05
and the driver is 26 years old or older
the Court may choose not to record a
conviction and not cancel the driver’s
license
If the court cancels the driver’s license
then the court must impose an
interlock if:
Less than .15 for at least 12 months
More than .15 for at least 4 years
 Greater than .07 the Court must cancel
for at least the minimum time listed in
column 2 of Schedule 1
Less than .15 the Court may impose an
interlock for at least 6 months
More than .15 the Court must impose an
interlock for at least 6 months
 Greater than.05 the Court must cancel
for at least the minimum time listed in
column 2 of Schedule 1
Less than .15 the Court must impose
an interlock for at least 12 months
More than .15 the Court must impose
an interlock for at least 4 years
 (ba) impaired by drug  Fine of 12 Penalty Units  Fine of 120 Penalty Units or up to 12 months imprisonment  Fine of 180 Penalty Units or up to 18 months
imprisonment
 The Court must cancel for at least 12
months
 The Court must cancel for at least 2
years
 (bb) illicit drugs
(h) 3 hours drugs
(i) blood drugs
 Fine of 12 Penalty Units  Fine of 60 Penalty Units  Fine of 120 Penalty Units  The Court may cancel for not more than
6 months
The Court may cancel for not more
than 12 months
 
 (c) refuse breathe test
(ca) refuse drug test
(d) refuse to stop
(e) refuse to provide further sample
(ea) refuse to give blood
 Fine of 12 Penalty Units  Fine of 120 Penalty Units or up to 12 months imprisonment  Fine of 180 Penalty Units or up to 18 months
imprisonment
 The Court must cancel for at least 2
years
The Court must impose an interlock for
at least 6 months
 The Court must cancel for at least 4
years
The Court must impose an interlock
for at least 4 years
 (eb) refuse to provide oral fluid  Fine of 12 Penalty Units  Fine of 60 Penalty Units  Fine of 120 Penalty Units  The Court must cancel for at least 6
months
 The Court must cancel for at least 12
months
 Accompanying Driver Offence  Fine of 5 Penalty Units  

Drink Driving Sentences: Minimum Disqualification Periods

View the table below to see the minimum disqualification periods for first time drink driving charges, and penalties for subsequent drink driving offences. The Table lists the mimimum drink driving sentence disqualification periods for a drink drive charge.

The first column is the reading for drink driving from the breathalyser. There is a discretion for less than .07 not to take a person's licence if certain other criteria are met. For all the other readings the penalty for drink driving is a mandatory minimum. That is the least the Magistrate has to give you.

The second set of possible drink driving sentences depend on when you were last charged. If it is outside 10 years the Magistrate does not have to impose the penalty but they often still increase from the minimum for a first offence of drink driving.

If you need legal representation for a Drink Driving charge, contact us using the links to the top right of this page.


DRINK DRIVING - MINIMUM DISQUALIFICATION PERIODS
Concentration of alcohol in blood in grams per 100 millilitres of blood or in breath in grams per 210 litres of exhaled air.
First offence Subsequent offence
drink driving less than .07 6 months 12 months
drink driving charge .07 or more but less than .08 6 months 14 months
drink driving charge .08 or more but less than .09 6 months 16 months
drink driving charge .09 or more but less than .10 6 months 18 months
drink driving charge .10 or more but less than .11 10 months 20 months
drink driving charge .11 or more but less than .12 11 months 22 months
drink driving charge .12 or more but less than .13 12 months 24 months
drink driving charge .13 or more but less than .14 13 months 26 months
drink driving charge .14 or more but less than .15 14 months 28 months
drink driving charge .15 or more but less than .16 15 months 30 months
drink driving charge .16 or more but less than .17 16 months 32 months
drink driving charge .17 or more but less than .18 17 months 34 months
 drink driving charge .18 or more but less than .19 18 months 36 months
 drink driving charge .19 or more but less than .20 19 months 38 months
 drink driving charge .20 or more but less than .21 20 months 40 months
 drink driving charge .21 or more but less than .22 21 months 42 months
 drink driving charge .22 or more but less than .23 22 months 44 months
 drink driving charge .23 or more but less than .24 23 months 46 months
  drink driving charge .24 or more 24 months 48 months

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