The information available on our website provides a simple interpretation of the law and is not intended to constitute legal advice. Full details of traffic offences and penalties related to drink and drug driving are contained in the
Road Traffic Act 1974.
Drink Driving Penalties
If you are caught driving with a Blood Alcohol Content (BAC) equal to or above 0.05 and less than 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 but < 0.08.
| Table 1: Penalties |
| BAC |
Infringement |
Maximum Court Penalty |
Demerits |
| = 0.05 but < 0.06 |
$400 |
$500 |
3 |
| = 0.06 but < 0.07 |
$400 |
$500 |
4 |
| = 0.07 but < 0.08 |
$400 |
$500 |
5 |
The following table shows 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.
| BAC |
Penalty Type |
1st Offence |
2nd Offence |
Subsequent Offence |
| = 0.05 but < 0.07 |
Minimum |
See Table 1 |
$500 |
$500 |
| Maximum |
$1,000 |
$1,000 |
| Disqualification |
6 months |
8 months |
| = 0.07 but < 0.08 |
Minimum |
See Table 1 |
$600 |
$600 |
| Maximum |
$1,000 |
$1,000 |
| Disqualification |
8 months |
10 months |
| = 0.08 but < 0.09 |
Minimum |
$500 |
$600 |
$600 |
| Maximum |
$1,500 |
$1,500 |
$1,500 |
| Disqualification |
6 months |
8 months |
10 months |
| = 0.09 but < 0.11 |
Minimum |
$550 |
$900 |
$900 |
| Maximum |
$1,500 |
$1,500 |
$1,500 |
| Disqualification |
7 months |
10 months |
13 months |
| = 0.11 but < 0.13 |
Minimum |
$650 |
$1,200 |
$1,200 |
| Maximum |
$1,500 |
$2,000 |
$2,000 |
| Disqualification |
8 months |
14 months |
17 months |
| = 0.13 but < 0.15 |
Minimum |
$750 |
$1,600 |
$1,600 |
| Maximum |
$1,500 |
$2,500 |
$3,000 |
| Disqualification |
9 months |
19 months |
30 months |
| > 0.15 |
Minimum |
$900 |
$2,100 |
$2,100 |
| Maximum |
$2,500 |
$3,500* |
$5,000** |
| Disqualification |
10 months |
30 months |
Life |
| Imprisonment |
|
9 months |
18 months |
* Option to max fine for second offence is 9 months imprisonment.
** Option to fine for third and subsequent offences is 18 months imprisonment.
Drug Driving Penalties
Police have the power to stop drivers suspected of driving while impaired by any drug and those found with illicit drugs in their oral fluid can be charged with the offence of Driving with Prescribed Illicit Drug in Oral Fluid.
| Offence |
Court Penalty |
| Minimum |
Maximum |
Demerits OR
Licence Disqualification |
| First Offence |
N/A |
$500 |
3 demerits |
Second OR
Subsequent Offence |
$500 |
$1,000 |
6 months minimum disqualification |
Drivers found to be impaired by prescribed or illicit drugs will be prosecuted for a more serious offence; Drug Impaired Driving under the Influence of Drugs.
These offences apply where police have evidence of suspicious or erratic driving behaviour and where that suspicion is confirmed following a driver assessment and/or blood tests.
| Offence |
Court Penalty |
| Minimum |
Maximum |
Licence Disqualification |
| First Offence |
$900 |
$2,500 |
10 months minimum |
| Second Offence |
$2,100 |
$3,500 OR
9 months imprisonment |
30 months minimum |
| Subsequent Offence |
$2,100 |
$5,000 OR
18 months imprisonment |
Life |