Drink driving is a serious offence in Australia, with strict penalties that vary across states and territories. The laws are designed to deter individuals from driving under the influence of alcohol and to ensure road safety. If you're caught exceeding the legal blood alcohol concentration (BAC) limit, you may face fines, licence disqualification, imprisonment, or other penalties depending on the severity of the offence.
This article explores the penalties for drink driving in Australia, how the criminal law system handles such offences, and what individuals can do if they are charged.
What is the Legal Blood Alcohol Limit in Australia?
The legal blood alcohol concentration (BAC) limit in Australia varies depending on the type of driver. The limits are:
Commercial drivers (bus, taxi, heavy vehicle operators) – 0.02 BAC
Drivers previously convicted of serious traffic offences – 0.00 BAC
Exceeding these limits can lead to severe legal consequences under Australian criminal law.
Drink Driving Offences and Categories
Drink driving offences are classified based on the level of BAC and whether it is a repeat offence. The main categories are:
Low-Range Drink Driving (0.05 - 0.079 BAC)
Mid-Range Drink Driving (0.08 - 0.149 BAC)
High-Range Drink Driving (0.15 BAC and above)
Driving Under the Influence (DUI) (Regardless of BAC but evident intoxication)
Refusing a Breath Test (Treated as a serious offence)
Each offence has different penalties that escalate based on severity and prior convictions.
Penalties for Drink Driving in Australia
Penalties for Low-Range Drink Driving (0.05 - 0.079 BAC)
First offence:
Fine of up to $2,200 (varies by state)
Licence suspension for 3 to 6 months
Alcohol interlock program (in some states)
Repeat offence:
Higher fines (up to $3,800)
Licence suspension up to 12 months
Possible imprisonment (varies by state)
Penalties for Mid-Range Drink Driving (0.08 - 0.149 BAC)
First offence:
Fine of up to $3,300
Licence suspension for up to 12 months
Alcohol interlock program mandatory in most states
Possible imprisonment of up to 9 months
Repeat offence:
Higher fines (up to $5,500)
Longer licence disqualification
Mandatory alcohol rehabilitation programs
Imprisonment of up to 12 months
Penalties for High-Range Drink Driving (0.15 BAC and above)
First offence:
Fine of up to $4,400
Licence disqualification for up to 2 years
Mandatory alcohol interlock device installation
Up to 18 months imprisonment
Repeat offence:
Fine of up to $7,700
Licence disqualification for 2+ years
Up to 2 years imprisonment
Strict probation conditions
Penalties for DUI and Refusing a Breath TestRefusing a breath test is treated as a serious criminal offence, with penalties similar to high-range drink driving. This includes fines up to $7,700, automatic licence disqualification, and up to 2 years imprisonment.
State-Specific Drink Driving Laws in Australia
Each state and territory has its own drink driving penalties and licence suspension policies. Here’s an overview:
New South Wales (NSW)
First-time low-range offenders can receive an on-the-spot fine of $603 and immediate licence suspension for three months.
Mid- and high-range offences carry heavier penalties, including mandatory court appearances and alcohol interlock programs.
Victoria (VIC)
First-time low-range offenders may receive a fine and 3-month licence suspension.
High-range offenders face vehicle impoundment in addition to licence disqualification.
Queensland (QLD)
Immediate licence suspension for mid- and high-range offences.
Repeat offenders must undergo a mandatory alcohol education program.
Western Australia (WA)
Strict penalties for repeat offenders, including vehicle confiscation.
High fines for first-time mid-range and high-range drink driving.
How Does Drink Driving Affect Your Criminal Record?
Drink driving offences stay on your criminal record and can impact future employment opportunities, travel visas, and insurance premiums. Serious or repeat offences may result in a permanent criminal record, affecting your ability to work in certain industries (e.g., commercial driving, aviation, law enforcement).
What to Do If You Are Charged with Drink Driving?
Seek Legal Advice ImmediatelyConsulting a criminal law solicitor can help you understand your options and potential defences. Legal representation can sometimes reduce penalties or challenge breath test results.
Consider an Alcohol Interlock ProgramMany states require repeat offenders to install alcohol interlock devices, which prevent vehicle operation if alcohol is detected.
Complete a Traffic Offender ProgramSome offenders may be eligible for a Traffic Offender Intervention Program (TOIP) to reduce penalties and demonstrate rehabilitation.
How to Avoid Drink Driving Charges
Use a designated driver or rideshare services.
Plan ahead and stay overnight if drinking.
Use personal breathalysers to check your BAC.
Understand alcohol limits and how drinking affects you.
Be aware of next-day BAC levels after drinking heavily.
Drink driving laws in Australia are strict for a reason—to reduce road fatalities and keep communities safe. The penalties vary depending on BAC levels, previous offences, and state laws, but they all come with serious legal and personal consequences.
If you're facing a drink driving charge, getting professional legal help can make a significant difference. Consult a criminal law expert to understand your rights and achieve the best outcome.
Contact New South Lawyers today to protect your rights and explore your best course of action. Need legal advice? Get in touch now!
