Drink Driving Charges and Penalties in Australia
Last updated: June 2026
BAC Limits in Australia
| Driver type | BAC limit |
|---|---|
| General driver (fully licensed) | 0.05 |
| Learner driver | 0.00 |
| Probationary / P-plate driver | 0.00 |
| Heavy vehicle driver | 0.00 |
| Taxi / rideshare / driving instructor | 0.00 |
Offence Categories
Most states use a tiered system:
- Low range: 0.05–0.079 BAC
- Mid range: 0.08–0.149 BAC
- High range: 0.15 BAC or above
Penalties (First Offence)
Low range: Fine $500–$1,500, licence suspension 3–6 months. May be infringement notice in some states.
Mid range: Court appearance required. Fine $1,000–$2,500+, disqualification 6–12 months, mandatory interlock in most states.
High range: Court appearance required. Fine $2,000–$5,500+, disqualification 12–24 months, mandatory interlock in all states, possible (usually suspended) imprisonment.
Repeat offenders face significantly harsher penalties including possible imprisonment.
Immediate Licence Suspension
In most states, police can suspend your licence roadside immediately. You cannot drive from that moment.
Alcohol Interlock Devices
After disqualification, many offenders must install an alcohol interlock device — a breathalyser that prevents the car starting if alcohol is detected. Periods run from 12 months to several years.
Your Options After Being Charged
- Plead guilty with strong character references and mitigating context
- In some states, first-time low-range offenders may receive a conditional release without conviction (uncommon but possible)
- Challenge the charge if there was a problem with the breath testing procedure
Get legal advice before court for mid-range and high-range offences.
Key Points
- Standard limit: 0.05; zero limit for learners, P-platers, and heavy vehicle drivers
- Three tiers with significantly increasing penalties at each level
- Immediate roadside licence suspension is common
- Mandatory interlock devices after mid and high range offences