Penalties for drink driving

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The Road Traffic Act 1974 sets out a scheme for the Court to follow when imposing drink driving penalties.

The penalties if you held a full licence at the time of the offence are:

If your blood alcohol content exceeds 0.08g of alcohol per 100ml of blood:
Blood alcohol content (g/100ml) Penalty for 1st offence 2nd offence Subsequent
Greater or equal to 0.08 but less than 0.09 Min:
Max:
Disq:
$500
$1,500
6 months
$600
$1,500
8 months
$600
$1,500
10 months
Greater or equal to 0.09 but less than 0.11 Min:
Max:
Disq:
$550
$1,500
7 months
$900
$1,500
10 months
$900
$1,500
13 months
Greater or equal to 0.11 but less than 0.13 Min:
Max:
Disq:
$650
$1,500
8 months
$1,200
$2,000
14 months
$1,200
$2,000
17 months
Greater or equal to 0.13 but less than 0.15 Min:
Max:
Disq:
$750
$1,500
9 months
$1,600
$2,500
18 months
$1,600
$3,000
30 months
Greater or equal to 0.15
(previous offences less than 0.15)
Min:
Max:
Disq:
$900
$2,500
10 months
$1,600
$2,500
18 months
$1,600
$2,500
30 months
Greater or equal to 0.15
(previous offences greater than 0.15)
Min:
Max:
Disq:
$900
$2,500
10 months
$2,100
$3,500
30 months
$2,100
$5,000
Lifetime

In each case, the disqualification shown is a minimum disqualification and will be in addition to the fine shown.

If your blood alcohol content exceeds 0.05g of alcohol per 100ml of blood:
Blood alcohol content (g/100ml) Penalty for 1st offence 2nd offence Subsequent

Greater or equal to 0.05 but less than 0.08

Max: $500
Greater or equal to 0.05 but less than 0.07 Min:
Max:
Disq:
$500
$1,000
6 months
$500
$1,000
8 months
Greater or equal to 0.07 but less than 0.08 Min:
Max:
Disq:
$600
$1,000
8 months
$600
$1,000
10 months

In each case, the disqualification shown is a minimum disqualification and will be in addition to the fine shown.

Zero blood alcohol concentration requirements

You must have a blood alcohol concentration of zero if you:

  • are driving a heavy vehicle with a gross combined mass of more than 22.5 tonnes;
  • are driving a passenger vehicle (12 or more seats) while carrying passengers;
  • are driving while carrying passengers for reward (ie. taxi drivers);
  • are driving a vehicle carrying dangerous goods;
  • are a novice driver;
  • are driving whilst subject to an extraordinary driver’s licence; or
  • have been disqualified from holding a driver’s licence within the last three years.

The penalties for driving whilst under the influence of alcohol in these circumstances are as follows:

Blood alcohol content (g/100ml) Penalty
Greater than 0.00 but less than 0.02 Min: $150
Max: $300
Greater or equal to 0.02 but less than 0.05 Min: $150
Max: $300
Disq: 3 months

If your licence is disqualified while you were a notice driver, your licence will also be cancelled.

 

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