What are the Penalties For Drink Driving in Australia?

Australia is the sixth largest country in the world, with more than 17 million cars on the road. With a population of around 25.5 million, only 673 people out of 1000 have a car. The number of vehicles registered in Australia is increasing every year. The main focus of the Australian government is to introduce strategies that can make roads safer for drivers and pedestrians.

According to the survey, almost 30% of the Australian road accident fatalities are because of drunk driving. Laws regarding road safety are stringent in Australia. Still, along with the laws, there is a dire need to impose strict penalties for drunk driving upon the offenders to protect other people and maintain a secure road environment. The penalties will not only protect other people but also make the offenders conscious of their mistakes in future to avoid accidents and fatalities.

In this blog, I will explain the penalties for drink driving. The penalties vary in the different territories and states of Australia. We will look into all the major territories and states. Read this blog thoroughly to learn about drunk driving offences and their penalties.

What is Drink Driving in Australia?

“ROAD TRAFFIC ACT 1961 – SECT 47 Driving under the influence

1. A person must not—

(a) drive a vehicle or

(b) attempt to put a vehicle in motion,

while so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the vehicle.”

In Australia, driving while your blood alcohol concentration (BAC) is equal to or more than 0.05 is considered a violation of the law. If you’re driving a vehicle while on a learner’s or provisional licence, your BAC must be zero. For more information on how BAC is measured and what your BAC reading means, visit Breathalysers Australia.

Penalties For Drink Driving in Australia

Penalties for drink driving in Australia vary between states and territories. But in general, if you commit an offence of drunk driving, you will be charged with a fine between $500 and $3000 or imprisonment from 3 months to 6 months. The following are the details of the BAC range and penalties for drunk driving imposed accordingly in different states and territories of Australia.

Drink driving penalties in Australian Capital Territory

Blood Alcohol Concentration (BAC)	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

Drink driving penalties in New South Wales

Blood Alcohol Concentration (BAC)	Penalties
Low/special/novice	$603 penalty notice fine$2,200 court-imposed fine / Immediate licence suspension (minimum three months) / Repeated 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

Drink driving penalties in Tasmania

Blood Alcohol Concentration (BAC)	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 the Northern Territory

Blood Alcohol Concentration (BAC)	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

These are the BAC limits and their respective penalties in Australia’s different states and territories. You need to know these limits to avoid penalties and license cancellations that will cause trouble.

Closing Insights

Laws are made to meet safety requirements and maintain the personal freedom of every individual. Maintaining this balance is essential so that people may abide by the statutes happily rather than resisting them. The road safety rules in Australia are made to keep people safe but, at the same time, allow them the freedom to move anywhere. Breaking the road safety rules is severely punishable in Australia.

This blog has covered the penalties for drink driving. You must read it thoroughly to avoid penalties that might cause problems. In case of severe violence by the rule, your licence will get cancelled. If you are still getting yourself in trouble, you can contact a traffic lawyer for help.

Traffic lawyers at Aussie Legal Partners are renowned for their best services in cases of traffic violations. Our lawyers will help you to revoke your license and get back on the road. Contact us now to book a free consultation and keep your case safe.

FAQs 

How long will drink driving be on your criminal record in Australia?

In general, the Spent Convictions Scheme in most Australian States and Territories requires that a drink-driving offence be wiped from an individual’s criminal record 10 years after the incident.

Do you go to jail for drink driving in Australia?

Penalties for drink driving in Australia can include heavy fines, licence disqualification, licence suspension, and imprisonment.

What is the shortest drink-driving ban? 

Drink driving is a criminal violation punishable by a minimum 12-month driving ban under Section 34(1) of the Road Traffic Offenders Act of 1988.