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