Drink driving laws in Australia: everything you need to know

Drunk driving laws and penalties vary from state to state.

It has been nearly 40 years since random breath tests and the famous "alcohol bus" became part of Australian driving. During this time, road deaths from alcohol-related accidents have dropped dramatically, saving hundreds of families from injury every year.

While drinking and driving are legal, there are limits - the famous blood alcohol limit of 0.05 - and if you break that limit, drunk driving is a felony and you face severe penalties.

Drunk driving in Australia has been the focus of law enforcement and random breath testing has become an important tool in reducing road casualties and changing attitudes towards a highly dangerous practice that can have tragic consequences.

In this article, we will answer the question - what is drunk driving? And also look at the various laws, fines and charges you may face if you get caught driving over the legal limit.

Unfortunately, it's not as simple as stating how many drinks you can drink while driving, as we all metabolize alcohol at different rates. 

It's also not as simple as laying out Australia's national drunk driving laws because each state has its own specifics. So, we'll go through the states so you can familiarize yourself with the drunk driving laws that define the legal alcohol limit and the fines you'll face if you break them.

The common element in each is the blood alcohol concentration, or BAC. This is a measurement that law enforcement officers will take to determine if you are breaking the law or not. 

Simply put, BAC is the amount of alcohol in your body, measured by the concentration of alcohol in your breath or blood. The measurement is in grams of alcohol per 100 milliliters of blood, so when you blow 0.05 into a breath tester, your body contains 50 milligrams of alcohol per 100 milliliters of blood.

This should not be taken as legal advice, and if in doubt, you should never drive unless you feel you are capable of driving safely.

Queensland

There are four alcohol limits in Queensland based on your BAC that determine the severity of the punishment you face.

Four categories: - "no alcohol" restriction, which means you have a BAC of 0.00; the total alcohol limit is when your BAC is at or above 0.05; the average alcohol limit when you record a BAC equal to or greater than 0.10; and a high alcohol limit when you record a BAC equal to or greater than 0.15.

In Queensland, you must comply with the "no alcohol" limit if you are a leaner person, holding a temporary or limited P1/P2 license. You must also maintain 0.00 BAC if you are driving a truck (GVW of 4.5 tons or more), bus, semi-trailer, taxi or limousine, tow truck, towing vehicle, driving a vehicle carrying dangerous goods, or training a trained driver.

The penalty for exceeding these limits depends on your license and driving history. A first offense for a student or temporary driver caught with a BAC between 0.01 and 0.05 can mean a fine of up to $1929, license revocation for three to nine months, and possible jail time of up to three months.

A general violation of drinking regulations can mean a similar fine and jail time, as well as license revocation for a period of one to nine months.

Ironically, the problem of drinking in a parked car can be divided between highway laws and local council laws.

Violating the average alcohol level carries a maximum fine of $2757, license suspension for three to 12 months, and a possible six-month jail term.

Registering a high level of alcohol can result in a fine of up to $3859, jail time for up to nine months, and license revocation for a minimum of six months.

Any driver who registers a BAC less than 0.10 automatically receives a 24-hour license suspension, which can be extended if you fail to comply with police requirements for further BAC testing, and can last until the case goes to trial.

Repeated drunk driving faces more severe penalties: a fine of up to $8271, driver's license revocation for up to two years, a court-ordered jail sentence, and vehicle forfeiture.

Once you have served your suspension, you must have a license on probation for at least 12 months and may be required to take a DUI course and have your vehicle immobilized while intoxicated; it is a device that requires you to write down 0.00 BAC before the car will start.

New South Wales

New South Wales is following the same path as Queensland, with offenses classified into different categories such as Low (0.05 to 0.08), Medium (0.08 to 0.15) and High (0.15 and above). However, it treats special category drivers such as truck drivers differently than in Queensland, with a "special range" BAC of 0.02.

Penalties for violating these laws vary greatly depending on the circumstances, but a first-time offender caught with a low BAC will have their license suspended immediately for three months and fined $587 on the spot. These fines can increase if the case goes to court, with a maximum fine of $2200, and your license can be suspended for up to six months. 

As part of its Towards Zero road safety plan, the New South Wales government introduced tougher penalties for first-time drinkers in 2019. your car, and that's on top of a potential $2200 court fine, the possibility of nine months in jail, and a minimum six-month license suspension, and that can be "unrestricted" if the court finds you're a danger to the public.

Persons caught with a "high" blood alcohol content are also subject to the alcohol blocking program and can be fined $3300, imprisoned for up to 18 months, and have their license revoked for at least 12 months, if not indefinitely.

In June 2021, the New South Wales government introduced tougher penalties for people found to be using alcohol and drugs. Penalties for these offenses can range from a $5500 fine to 18 months in prison with license suspension, individuals with low levels of alcohol and drugs in their system are subject to fines of up to $11,000 and license suspension for at least three years for a repeat offence. high level offenders.

ACT

The country's capital takes a similar but different approach when it comes to BAC levels, with a simplified system. A student, temporary and probationary driver must have 0.00 BAC, which also applies to drivers of vehicles with a GVW of 15t or if they carry dangerous goods. All other drivers should stay below 0.05.

Penalties vary depending on the history of the driver, but the government's official website says that for the first time, a violator faces a fine of up to $2250, jail time for nine months or both, and driver's license suspension for up to three years.

Repeated drunk drivers apparently face more severe penalties: fines of up to $3000, 12 months in jail or both, and up to five years in jail.

The ACT also has the right to suspend your local license for up to 90 days if they believe the circumstances warrant it.

Victoria

In 2017, the Victorian government cracked down on first-time drink-driving offenders by introducing laws requiring all drivers caught with a blood alcohol level above 0.05 to install a lockout on their vehicles within six months. In addition, anyone caught driving with a BAC between 0.05 and 0.069 faces a three-month ban.

The state has some of the most stringent and comprehensive penalties in the nation, with varying penalties not only for minor, moderate and serious offenses, but also with differences based on age and experience.

For example, a general license holder under the age of 26 caught with a BAC between 0.05 and 0.069 will receive a fine; revoke their license; deprivation of the right to drive a vehicle for a period of at least six months; you must complete a program to change the behavior of drunk driving; have an alcohol block for six months; and a BAC 0.00 must be recorded each time a breath test is performed for at least three years. 

Alcohol locks will be installed in the cars of the most drunk drivers.

Persons over the age of 26 caught with the same blood alcohol content receive a similar penalty, but have their license suspended for only three months.

The government does not publish its fines for drunk driving on its website, but they are believed to range from $475 for a minor first offense to $675 for an average BAC, and in excess of $1500 for a BAC over 0.15.

Student and temporary drivers caught with a BAC above 0.00 will be fined, have their license revoked, be banned from driving for at least three months, must complete a behavior change program, set up a lockout, and then lock in 0.00 BAC for at least three years.

Victorian authorities can also confiscate your vehicle if you are caught with a BAC of 0.10 or higher, or caught with a BAC above 0.00 when your vehicle is fitted with an alcohol lockout.

Tasmania

Like other states, Tasmania has a tiered approach to every offense with different penalties for different levels of BAC.

Recording a BAC between 0.05 and 0.10 will result in a $346 fine and license suspension for three months. However, if you are caught with a BAC between 0.10 and 0.15, you will receive a $692 fine and a six-month driving ban.

Tasmania also has an alcohol blocking program like New South Wales and Victoria. If you are caught with a BAC above 0.15, it will be installed in your car for at least 15 months. And you must not record a BAC above 0.00 for 180 days before it can be removed.

The national blood alcohol limit for fully licensed drivers is 0.05.

You can also get a ban if you are caught drunk driving more than twice in a five-year period, or if you don't provide a BAC sample.

Student or temporary drivers must not have alcohol in their system. If they are caught, not only will they face the penalties already listed, but they will also have to complete a DUI course before re-applying for a license.

South Australia

Like other states, South Australia has different penalties for drunk driving.

Category 1 is for those caught with a BAC between 0.05 and 0.079. First offenders face a fine on the spot and four demerit points. For a second violation, you will go to court, where you can face a fine of up to $1100, as well as four demerit points and license revocation for at least six months. If you are caught a third time in this low-level range, you will face the same fines as for the second offense, but with a driving ban for at least nine months.

For intermediate level violations, known as Category 2 and covering BAC readings from 0.08 to 0.149, the punishment is naturally more severe. The first offense carries a $900 to $1300 fine, five demerit points, and a six-month driving ban. A second violation means a $1100 to $1600 fine, five demerit points, and a license suspension of at least 12 months. Subsequent mid-level violations carry a $1500 to $2200 fine, five demerit points, and at least a two-year license ban.

Finally, category 3 crimes are for anyone caught with a blood alcohol level of 0.15 or higher. If you are caught the first time, you will be fined between $1100 and $1600, receive six demerit points, and be banned from driving for at least 12 months. The second offense increases the fine to $1600–$2400 and a driving ban for at least three years, with the same demerit point. Any further Category 3 offenses means the fine increases to $1900-$2900 in addition to other penalties. 

As with other states, South Australia requires all students and temporary drivers to record 0.00 BAC or face a Category 1 fine.

Western Australia

In the west, they use a different tactic while maintaining a three-tiered BAC offense. Anyone caught exceeding the 0.05 limit is subject to a $1000 fine, however different penalty points apply depending on how high your reading is.

A BAC between 0.05 and 0.06 costs you three demerit points, between 0.06 and 0.07 four demerit points, and between 0.07 and 0.08 five demerit points.

All of these fines will protect you from court, as they are fines on the spot.

However, if you are caught above 0.09, you will need to go to court and face a $750 to $2250 fine as well as a six-month driving ban.

As blood alcohol levels rise, court fines increase - from 0.09 to 0.11 is a fine of $850-2250 and disqualification for seven months, and for those in the range of 0.11 to 0.13, the fine is from $1000 to $2250 and an eight-month driving ban.

(image: common property - Zakari Hada) When it comes to whether drunk driving is legal on private property, the answer is no.

The harshest penalties are for those caught above 0.15, in which case you face a $1700 to $3750 fine and a driving ban for at least 10 months if this is your first offence. However, if this is your first offense above 0.15, but you have already been arrested with a BAC above 0.08, you face a minimum fine of $2400 and 18 months without driving.

Western Australia is throwing the notorious book at repeat offenders who are over 0.15 - a third offense could mean a fine of up to $7500 or 18 months in jail and a life ban for driving.

Anyone with a blood alcohol level greater than 0.15 must also install an alcohol block on their vehicle.

Students, holders of provisional and probationary licenses, and bus, taxi, and truck drivers are required to have a blood alcohol level of zero, but there are some differences in penalties depending on what you are recording.

Between 0.00 and 0.02, that's a $400 fine and three penalty points; or a $400 to $750 fine if you go to court. If you fall between 0.02 and 0.05, it automatically revokes the driver's license of learners and temporary drivers, or a suspension of three months for the rest (buses, taxis, trucks, etc.).

Northern territories

In the north, they try to operate differently, with a relatively simple set of penalties, but with a complex way of calculating the amount of the fine you will have to pay.

The legal system of the Northern Territory uses a system of "penalty units" instead of a direct financial penalty. The penalty unit changes every year, but at the time of publication it is $157.

Student, temporary and probationary drivers must record a BAC of 0.00 or face a three-month driving ban or three months in prison. There is also the possibility of a fine of up to five fine units, which at the current exchange rate would be $785.

Drivers of trucks (over 15 tons GVW), dangerous goods vehicles or taxis and buses are also required to have a blood alcohol level of zero, but carry different penalties than temporary drivers. They are not subject to license suspension, but they face up to three months in prison and either a $400 on-the-spot fine or a court-ordered fine of five fine units ($785 until June 30, 2022).

For full license drivers, NT authorities have the same low, mid and high ranges as other states and different fines accordingly.

A low BAC is between 0.05 and 0.08 and would mean a three-month driving ban, up to three months in jail, and a $400 on-the-spot fine or five penalty units by court order ($785 as of press time).

A mid-range offense is considered a miss between 0.08 and 0.15. This will result in a six-month license suspension, a possible six-month jail term, and a fine of 7.5 fine units ($1177.50 as of press time).

Recording a BAC above 0.15 is considered a high level offense and the penalties are naturally more severe. This is a 12-month suspension, a potential 12-month jail term, and a fine of 10 fine units ($1570 at time of publication).

Penalties increase for a second offense to 7.5 fine units for a low level and 20 units ($3140 at time of publication) for a medium or high blood alcohol level.

Your license will be immediately suspended if you are caught a second time for drunk driving and will remain so until your case is brought to court or withdrawn.