Disqualification

Drink Driving Sentences: Disqualification Periods

To see the penalties, 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.

Offences – s49(1) Penalty – s49 Cancellation and Interlock
– s50, s50AAA, s50AAB
 1st Offence2nd Offence 3rd and Subsequent Offences1st Offence2nd Offence
(a) Driving while under the influence ofdrugs or alcohol to such an extent as to be
incapable of having proper control of thevehicle
Fine of 25 Penalty Unitsor up to 3 monthsimprisonmentFine of 120 Penalty Units or up to 12 months imprisonmentFine of 180 Penalty Units or up to 18 months
imprisonment
Must cancel for at least2 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 Pplate drivers s52](f) Exceed PCA .05 – breath test within 3 hours

(g) Exceed PCA .05 – blood test within 3 hours

Fine of 20 Penalty UnitsLess than 0.15Fine of 60 Penalty Units orup to 6 months imprisonmentGreater than 0.15
Fine of 120 Penalty Units orup to 12 monthsimprisonment
Less than 0.15Fine of 120 PenaltyUnits or up to 12 months imprisonmentGreater than 0.15Fine of 180 PenaltyUnits or up to 18 months imprisonmentP and L Drivers less than .05 the Courtmay 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 thedriver’s license.
If the court cancels the driver’s licensethen the court may also impose aninterlock for at least 6 months.If the driver is under 26 and between .05and .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 aconviction 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 cancelfor at least the minimum time listed incolumn 2 of Schedule 1

Less than .15 (where offender 26 or over and full license holder) the Court may impose an interlock for at least 6 months. Mandatory period of 6 months where offender is under 26 and or does not have a full license.

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 drugFine of 12 Penalty UnitsFine of 120 Penalty Units or up to 12 months imprisonmentFine 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 drugsFine of 12 Penalty UnitsFine of 60 Penalty UnitsFine of 120 Penalty UnitsThe Court must cancel for at least 3 months. No discretion available.The Court must cancel for at least 6 months. No discretion available.

(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 UnitsFine of 120 Penalty Units or up to 12 months imprisonmentFine 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 fluidFine of 12 Penalty UnitsFine of 60 Penalty UnitsFine of 120 Penalty UnitsThe Court must cancel for at least 6 monthsThe Court must cancel for at least 12
months
Accompanying Driver OffenceFine of 5 Penalty Units 

Drink Driving Sentences: Minimum Disqualification Periods

The table below displays the minimum disqualification periods for first time drink driving charges and penalties for subsequent drink driving offences.

 

The table lists the minimum drink-driving sentence disqualification periods for a drink drive charge.

 

The first column is the reading for drink driving from the breathalyser. 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.

Concentration of alcohol in blood in grams per 100 millilitrs of blood or in breath in grams per 210 litres of exhaled air.
First Offence
Subsequent Offence
Drink driving penalty – PCA less than .07

Drink driving penalty – PCA .07 or more but less than .08

Drink driving penalty – PCA .08 or more but less than .09

Drink driving penalty – PCA .09 or more but less than .10

Drink driving penalty – PCA .10 or more but less than .11

Drink driving penalty – PCA .11 or more but less than .12

Drink driving penalty – PCA .12 or more but less than .13

Drink driving penalty – PCA .13 or more but less than .14

Drink driving penalty – PCA .14 or more but less than .15

Drink driving penalty – PCA .15 or more but less than .16

Drink driving penalty – PCA .16 or more but less than .17

Drink driving penalty – PCA .17 or more but less than .18

Drink driving penalty – PCA .18 or more but less than .19

Drink driving penalty – PCA .19 or more but less than .20

Drink driving penalty – PCA .20 or more but less than .21

Drink driving penalty – PCA .21 or more but less than .22

Drink driving penalty – PCA .22 or more but less than .23

Drink driving penalty – PCA .23 or more but less than .24

Drink driving penalty – PCA .24 or more

6 months

6 months

6 months

6 months

10 months

11 months

12 months

13 months

14 months

15 months

16 months

17 months

18 months

19 months

20 months

21 months

22 months

23 months

24 months

12 months

14 months

16 months

18 months

20 months

22 months

24 months

26 months

28 months

30 months

32 months

34 months

36 months

38 months

40 months

42 months

44 months

46 months

48 months

If you need legal representation or advice in relation to drink driving and drink driving penalties, contact us using the phone or email links at the top or the email form on the right.

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