How drink driving penalties work
Across Australia, courts consider your BAC range, whether it is a first or repeat offence, your licence class (e.g., learner/provisional/zero‑BAC), and aggravating features (collisions, refusal, drugs). Most states have mandatory alcohol interlock programs for mid and high ranges or repeat offences.
General information only: Figures below are indicative court ranges sourced from government pages and legislation. They can change. Always verify using the official links and obtain legal advice for your situation.
Quick BAC guide (common first‑offence outcomes)
This quick view summarises common first‑offence outcomes for full‑licence drivers. Learner/provisional and professional drivers usually face zero‑BAC rules and faster suspensions.
| BAC range | Typical first‑offence licence loss | Interlock | Notes |
|---|---|---|---|
| 0.05–0.079 (Low) | 3–6 months in NSW/TAS/ACT; 1–9 months QLD; often fine/no disq in WA/SA at 0.05–0.079 | Usually not mandatory | Zero‑BAC drivers penalised more severely |
| 0.08–0.149 (Mid) | 6–12 months (NSW), 3–12 months (QLD), 6–15 months (TAS/NT/ACT), 6+ months (WA), 6+ months (SA) | 12 months typical (NSW/QLD/SA/ACT/VIC) | Jail possible in higher mid‑range or repeats |
| ≥0.150 (High) | 12–36+ months (most states) | 24–36 months typical | Refuse breath/blood often treated like high range |
Verify details for your state below.
State and territory penalties (first vs repeat)
Select your jurisdiction to see indicative ranges. Figures are derived from official government sources linked in each panel. Courts can go above minimums and below maximums depending on circumstances.
Detailed NSW guide VIC penalties
Detailed VIC guide QLD penalties
Detailed QLD guide SA penalties
Detailed SA guide WA penalties
Detailed WA guide TAS penalties
Detailed TAS guide NT penalties
Detailed NT guide ACT penalties
Detailed ACT guide
New South Wales (NSW)
| BAC / offence | Disqualification (first) | Disqualification (repeat) | Interlock | Max fine |
|---|---|---|---|---|
| 0.05–0.079 (Low) | 3–6 months | 1–3 years | Not mandatory | $2,200 (first), $3,300 (repeat) |
| 0.08–0.149 (Mid) | 6–12 months, or 3 months + 12m interlock | 1–3 years, or 6 months + 24m interlock | Mandatory (12–24m) | $2,200 (first), $3,300 (repeat) |
| ≥0.150 (High) or refuse | 12–36 months, or 6 months + 24m interlock | 24–60 months, or 9 months + 36m interlock | Mandatory (24–36m) | $3,300 (first), $5,500 (repeat) |
Source: Service NSW – Drink driving penalties; Road Transport Act 2013 (NSW).
Victoria (VIC)
| BAC / offence | Licence cancellation (first) | Licence cancellation (repeat) | Interlock | Indicative fine |
|---|---|---|---|---|
| 0.05–0.069 | 6 months minimum | 12+ months | Mandatory (≥6m) | Court-imposed (often $1,000–$2,500+) |
| 0.07–0.149 | 12 months minimum (scales with BAC) | 24+ months | Mandatory (12–24m typical) | Court-imposed (higher at ≥0.10) |
| ≥0.150 or refuse | 15–24+ months | 36+ months | Mandatory (24–48m typical) | Higher fines and jail possible |
Source: VicRoads – Drink driving penalties and interlocks; Road Safety Act 1986 (VIC).
Queensland (QLD)
| BAC / offence | Disqualification (first) | Disqualification (repeat) | Interlock | Max fine (approx) |
|---|---|---|---|---|
| 0.05–<0.10 | 1–9 months | 3–18 months+ | Not mandatory | Up to ~14 PU (~$2,100) |
| 0.10–<0.15 | 3–12 months | 6–24 months+ | Mandatory (12m) | Up to ~20 PU (~$3,100) |
| ≥0.15 or refuse | 6+ months | 12–36 months+ | Mandatory (12m) | Up to ~28 PU (~$4,300) |
Source: QLD Transport & Main Roads – Drink driving penalties; Transport Operations (Road Use Management) Act 1995 (QLD). Penalty Unit (PU) value: see QLD Treasury.
South Australia (SA)
| BAC / offence | Disqualification (first) | Disqualification (repeat) | Interlock | Fines (typical) |
|---|---|---|---|---|
| 0.05–0.079 | No disq (expiation + demerits) | Possible disq on repeats | No | ~$787 expiation (varies) |
| 0.08–0.149 | 6 months minimum | 12+ months | Mandatory (12m) | ~$900–$1,300 typical |
| ≥0.150 or refuse | 12 months minimum | 24+ months | Mandatory (3 years typical) | Higher fines; jail possible |
Source: SA Government MyLicence – Drink driving penalties; Road Traffic Act 1961 (SA).
Western Australia (WA)
| BAC / offence | Disqualification (first) | Disqualification (repeat) | Interlock | Fines (typical) |
|---|---|---|---|---|
| 0.05–0.079 | Infringement; no disq (first) | Possible court disq if repeat | No | ~$300–$500 + demerits |
| 0.08–0.149 | 6–10+ months (scales with BAC) | 9–30+ months | Mandatory for certain offences (≥6m) | ~$750–$3,750 |
| ≥0.150 or refuse | 15+ months | 36+ months / longer | Mandatory (often 6–18m+) | Higher fines; jail possible |
Source: WA Road Safety Commission – Drink driving penalties; Road Traffic Act 1974 (WA).
Tasmania (TAS)
| BAC / offence | Disqualification (first) | Disqualification (repeat) | Interlock | Fines (typical) |
|---|---|---|---|---|
| 0.05–0.099 | 3–6 months | 6–12+ months | Mandatory at ≥0.10 (≥15m) | Court-imposed |
| 0.10–0.149 | 6–12 months | 12–24+ months | Mandatory (often 15–24m) | Court-imposed |
| ≥0.150 or refuse | 12–24+ months | 24–36+ months | Mandatory (often 24m+) | Higher fines; jail possible |
Source: Transport TAS – Alcohol & drug offences; Road Safety (Alcohol and Drugs) Act 1970 (TAS).
Northern Territory (NT)
| BAC / offence | Disqualification (first) | Disqualification (repeat) | Interlock | Fines (typical) |
|---|---|---|---|---|
| 0.05–0.079 | 3 months (suspension) | Longer suspensions | No | Infringement/court fine |
| 0.08–0.149 | 6 months | 12+ months | Mandatory (12m) | Court-imposed |
| ≥0.150 or refuse | 12 months | 24+ months | Mandatory (12–24m) | Higher fines; jail possible |
Source: NT Government – Drink driving penalties; Traffic Act 1987 (NT).
Australian Capital Territory (ACT)
| BAC / offence | Disqualification (first) | Disqualification (repeat) | Interlock | Fines (typical) |
|---|---|---|---|---|
| 0.05–0.079 | 1–3 months | 3–12 months | No (usually) | Court-imposed |
| 0.08–0.149 | 3–12 months | 6–24 months | Mandatory at ≥0.10 (12m) | Court-imposed |
| ≥0.150 or refuse | 6–36 months | 12–48 months | Mandatory (12–24m) | Higher fines; jail possible |
Source: Access Canberra – Drink driving; Road Transport (Alcohol and Drugs) Act 1977 (ACT).
Note on accuracy: Exact minimums, maximums and interlock durations vary with prior offences, zero‑BAC categories, and court discretion. The official links in each panel should be used to verify current figures before making decisions.
Drink driving costs and interlock fees by state
Beyond fines and licence loss, most drivers face interlock device costs, court fees/levies and insurance/employment impacts.
Typical interlock program costs
- NSW: around $2,200 per year (plus install/removal). Service NSW
- VIC: around $2,000–$2,500 per year. VicRoads
- QLD: about $1,600–$2,500 per year. TMR QLD
- SA: often ~$2,000 per year. SA Gov
- WA: about $1,600–$2,000 per year. WA Transport
- TAS: about ~$2,000 per year. Transport TAS
- NT: about ~$2,000 per year. NT Gov
- ACT: around $2,000–$2,400 per year. Access Canberra
Other common expenses
- Court fees/levies: typically $100–$300+ depending on jurisdiction and outcome
- Legal representation: fixed fees for pleas commonly $800–$2,500+, more if contested
- Course/treatment: drink‑driver education programs often $200–$900
- Licence reissue and interlock condition fees apply at the end of disqualification
Concessions and hardship programs may reduce interlock costs. Ask our team to check eligibility in your state.
What affects drink driving sentencing
- BAC range and number of prior drink/drug driving offences
- Collision, injury, speed or dangerous driving aggravations
- Licence class (learner/provisional/zero‑BAC categories)
- Early plea, cooperation, remorse, rehabilitation steps (courses, counselling)
- Work and family hardship evidence (for disqualification length)
- Completion of alcohol education or assessment prior to court
Drink driving FAQ
Is refusing a breath test worse than a high BAC?
In most states, refusing or failing a breath/blood test attracts penalties comparable to high‑range drink driving, with mandatory interlock and longer disqualification. See NSW, QLD, SA, WA and ACT links above.
Will I get a criminal record?
Drink driving is a criminal offence in every state. A conviction may appear on your criminal/traffic history and can affect travel, employment and insurance. Courts can, in limited cases, record no conviction while still imposing penalties.
Can I drive to work on a restricted licence?
Work licences are available only in limited jurisdictions (e.g., QLD in specific conditions). Other states generally do not offer conditional work licences for drink driving, but interlock programs can return limited driving sooner.
How do interlock orders work?
Courts or transport authorities impose an alcohol interlock condition for a set period after disqualification. You pay for installation, monthly calibration and removal; violations can extend the period. Duration depends on BAC and prior offences.
What should I bring to court?
Bring your charge sheet, police facts, character references, proof of course/enrolment, employment impact letters, medical records (if relevant), and a short apology statement. A lawyer can tailor materials to your magistrate and jurisdiction.
Free help: speak with an Australian traffic lawyer
Use the form below for a free, confidential call‑back about drink driving Australia penalties, interlock options and likely next steps. Our team connects you with lawyers near you.
Disclaimer: This service provides general information and referrals. It is not legal advice until you formally engage a lawyer. Jurisdictions covered: NSW, VIC, QLD, SA, WA, TAS, NT, ACT.