Alcohol-related driving offences, commonly known as drink driving or drunk driving is a serious issue in Australia that costs hundreds of lives each year. Despite the many government led campaigns, and lawfully enforced penalties for drink driving, cases of drink driving remains rampant, with statistics showing drunk driving as the number one contributing factor in approximately 30% of fatal crashes in Australia.
Consuming alcohol will generally impair one’s senses and make them more susceptible to making mistakes as their alertness, reaction time, vigilance, and even vision become compromised. All of these are essential functions to ensuresafe driving.
It’s important to note that the legal blood alcohol content (BAC) for driving in Australia is 0.05 BAC, while learner or probationary licence holders must only drive with a zero BAC. Different ranges of prescribed concentrations of alcohol (PCA) will warrant different forms of punishment.
With this in mind, we now study the facts, statistics and laws of drunk driving in Australian states so you can stay informed and stay safe.
Drink driving penalties in New South Wales
About one in every seven car collisions have drink driving in NSW as a contributing factor. Recognising this issue, the state government released its Road Safety Plan in 2021, strengthening penalties to further deter drink driving and alcohol-related trauma on NSW roads.
NSW’s PCAs are as follows:
- Novice range – an L or P plater with a BAC above zero.
- Low range – A driver with a BAC between .05 to .079
- Mid range – A driver with a BAC between .08 to .149
- High range – A driver with a BAC of .15 and above
- Special range – a special category driver with a BAC over .02
| BAC Range | Penalties |
| Low/special/novice |
$603 penalty notice fine $2,200 court-imposed fine Immediate licence suspension (minimum three months) Subsequent offences will result in an alcohol interlock order |
| Mid-range |
$2,200 court-imposed fine Immediate licence suspension (minimum 6 months) Maximum prison term of up to 9 months Alcohol interlock order |
| High range |
$3,300 court-imposed fine Immediate licence suspension (minimum 12 months) Maximum prison term of up to 18 months Alcohol interlock order |
Subsequent offences will lead to more severe punishments, including heftier fines, longer prison terms and more extended licence disqualifications.
Drink driving penalties in Victoria
Drink driving offenders in Victoria face harsh penalties if caught. The list of offences and their relevant BAC limits can be seen below.
| BAC Range | Penalties |
| Anything above zero (for learners) |
Penalty notice fine (undisclosed amount) Learner permit cancelled Three month driving disqualification Required to complete a Drink Driver Behaviour Change Program Alcohol interlock order Zero BAC requirement for a minimum of three years |
| BAC between .05 and .069 |
Penalty notice fine (undisclosed amount) Licence cancelled Three-month driving disqualification Required to complete a Drink Driver Behaviour Change Program Alcohol interlock order Zero BAC requirement for a minimum of three years |
| BAC between .07 and .10 |
Penalty notice fine (undisclosed amount) Licence cancelled Six-month driving disqualification Required to complete a Drink Driver Behaviour Change Program Alcohol interlock order Zero BAC requirement for a minimum of three years |
| BAC between .10 and .15 |
Penalty notice fine (undisclosed amount) Licence cancelled 10-14 month driving disqualification Required to complete a Drink Driver Behaviour Change Program Alcohol interlock order Zero BAC requirement for a minimum of three years |
| BAC of .15 or more |
Penalty notice fine (undisclosed amount) Licence cancelled 15-24 month driving disqualification Required to complete an Intensive Drink and Drug Driver Behaviour Change Program Alcohol interlock order Zero BAC requirement for a minimum of three years |
Subsequent offenders will receive heftier fines, extended driving disqualifications (for a minimum of 12 months and a maximum of 4 years depending on license classifications). Jail time is reserved for more severe drunk driving motor offences, including manslaughter, negligently causing serious injury, dangerous driving causing death or serious injury and more.
Drink Drive Victoria offers behaviour change programs that have been approved by VicRoads under the Road Safety Act 1986. Their team of highly experienced and skilled drug and alcohol professionals have been accredited by VicRoads to provide you with the right guidance when needed.
Drink driving penalties in Queensland
Depending on the severity of the offence and track record, a magistrate will decide the length of licence disqualification, fines and whether the offender will be sentenced to a prison term. The severity of the offence takes into consideration the BAC limit at the time of offence and traffic history (i.e. whether the person has previously been convicted of a drink driving offence).
The penalties for first-time drink driving offences in Queensland are as follows:
| BAC Range | Penalties |
| BAC between 0.01 to .049 (L and P platers, and drivers or particular motor vehicles) |
Maximum fine of $2,012 Licence disqualification of three to nine months Maximum prison term of three months |
| BAC between .05 and .09 |
Maximum fine of $2,012 Licence disqualification of up to nine months Maximum prison term of three months |
| BAC between .10 and .149 |
Maximum fine of $2,875 Licence disqualification of three to 12 months Maximum prison term of six months |
| BAC of .15 and over |
Maximum fine of $4,025 Minimum licence disqualification of six months Maximum prison term of nine months |
Repeat offenders face licence disqualifications of up to 24 months, have their vehicles impounded (if BAC is .15 and over), pay fines of up to $8,625 or face a prison term to be determined by the court.
Drink driving penalties in Western Australia
Western Australia employs a demerit system and has a fixed infringement fee of $1,000 to avoid being prosecuted in court. This only applies to drivers caught with a BAC of .05 to .0079. Demerits range from three to five depending on recorded BAC.
Just like in other parts of Australia, novice drivers and holders of specific special licences must have a zero BAC to be on the road. Failure to follow this law can result in licence disqualification, court penalties of up to $750 and demerit points.
Court penalties for first-time drink driving offences can be seen below.
| BAC Range | Penalties |
| BAC between .05 to .079 |
$1,250 maximum fine Licence disqualification at the court’s discretion |
| BAC between .08 to .089 |
Fine between $750 to $2,250 Minimum six-month licence disqualification |
| BAC between .09 to .10 |
Fine between $850 to $2,250 Minimum seven-month licence disqualification |
| BAC between .11 to .12 |
Fine between $1,000 to $2,250 Minimum eight-month licence disqualification |
| BAC between .13 to .14 |
Fine between $1,150 to $2,250 Minimum nine-month licence disqualification |
| BAC of .15 and over |
Fine between $1,700 to $3,750 Minimum 10-month licence disqualification |
Repeat offenders can face fines of up to $7,500 and even lifetime disqualifications. Alcohol interlocks are mandatory in Western Australia for offenders that fulfil one of the following criteria:
- Driving with a BAC of .15 and over
- Convicted of dangerous driving causing death or bodily harm
- Commited a second drunk driving offence of any kind within the last five years
- Refuse a request for a breath sample from a member of Western Australian police
Drink driving penalties in South Australia
Apart from actual drink driving offences, offenders can be fined up to $1,600 and receive six demerits for refusing a breath test in South Australia. This is the same penalty for an offender caught driving with a BAC of .15 or over.
Penalties to be incurred and their corresponding BAC limits can be seen in the table below.
| BAC Range | Penalties |
| BAC between .05 to .079 |
Minimum three-month disqualification $771 on-the-spot fine or $1,100 court fine Four demerits |
| BAC between .08 to .149 |
Minimum six-month disqualification $900-$1,300 fine Five demerits |
| BAC of .15 or over |
Minimum 12-month disqualification $1,100-$1,600 fine Six demerits |
| BAC between .08 to .149 with child under 16 in vehicle |
Minimum six-month disqualification $900-$1,300 fine Five demerits |
| BAC of .15 and over with child under 16 in vehicle |
Minimum 12-month disqualification $1,100-$1,600 fine Six demerits |
Collecting 12 or more demerits will result in a minimum three-month disqualification. Alcohol interlock orders are reserved for severe drink driving offences, repeat offenders or those that refuse breath and blood tests.
Drink driving penalties in the Northern Territory
In the Northern Territory, the court will decide the severity of penalties that will be incurred by a drunk driving offender including how long their licence will be suspended and whether or not the offender is to pay a fine or serve jail time.
Like in other parts of Australia, penalties will depend on the BAC level at the time of the offence and the offender’s track record. The Northern Territory also employs a ‘penalty unit’ system where some amounts of money are shown as penalty units instead of dollars. Until 30 June 2023, a single penalty unit in the Northern Territory equals $162.
A breakdown of penalties in the Northern Territory are as follows:
| BAC Range | Penalties |
| BAC between .05 to .079 |
Minimum three-month disqualification $400 on-the-spot fine or court ordered five penalty units Maximum prison term of three months |
| BAC between .08 to .149 |
Minimum six-month disqualification 7.5 penalty units Maximum prison term of six months |
| BAC of .15 or over |
Minimum 12 disqualification 10 penalty units Maximum prison term of 12 months |
As usual, L and P platers, and drivers of certain vehicles must always record a zero BAC or face a maximum prison term of six months, with a three to six-month licence disqualification and fines.
Drink driving penalties in Tasmania
Tasmania also employs the penalty unit system (one penalty unit = $181 in Tasmania).
Below are the penalties to be faced by first-time offenders.
| BAC Range | Penalties |
| BAC less than .05 |
Minimum two, maximum 10 penalty units Minimum three, maximum 12-month disqualification Maximum three-month imprisonment term |
| BAC between .05 to .09 |
Minimum two, maximum 10 penalty units Minimum three, maximum 12-month disqualification Maximum three-month imprisonment term |
| BAC between .10 to .14 |
Minimum four, maximum 20 penalty units Minimum six, maximum 18-month disqualification Maximum six-month imprisonment term |
| BAC of .15 or over |
Minimum five, maximum 30 penalty units Minimum 12, maximum 36-month disqualification Maximum 12-month imprisonment term |
Drink driving penalties in Australian Capital Territory
Habitual offenders in the ACT will be subject to an alcohol interlock order by the court. All drivers convicted or found guilty of drink or drug driving offences must also complete an Alcohol and Drug Awareness course.
One penalty unit in the ACT is equivalent to $160.
First time offenders face the following penalties:
| BAC Range | Penalties |
| BAC less than .05 |
Five penalty units One month minimum disqualification Three-month default disqualification |
| BAC between .05 to .079 |
Five penalty units Two-month minimum disqualification Six-month default disqualification |
| BAC between .08 to .14 |
10 penalty units and/or six-month imprisonment Three-month minimum disqualification 12-month default disqualification |
| BAC of .15 or over |
15 penalty units and/or nine-month imprisonment Six-month minimum disqualification Three-year default disqualification |
Repeat offenders face up to 20 penalty unit fines and imprisonment for up to 12 months.
The best and easiest way to keep track of your BAC levels is through a breathalyser.
Browse through our wide selection of AlcoSense personal breathalysers to accurately estimate your BAC levels to return home safely to your loved ones.
