Drink and drug driving offences carry serious penalties across all Australian states and territories. If you are found guilty of driving with a prescribed concentration of alcohol (PCA) or under the influence of drugs (DUI), you can expect licence disqualification, heavy fines, criminal conviction, and possibly imprisonment.
Courts take these offences seriously, especially where aggravating circumstances are present—such as repeat offences, high BAC readings, or collisions.
Understanding the penalties and disqualification periods is essential if you’ve been charged with a driving offence involving alcohol or drugs.
Depending on the offence, penalties may include:
Immediate licence suspension (police or court-imposed)
Automatic or minimum disqualification periods
Criminal conviction recorded
Fines ranging from hundreds to thousands of dollars
Imprisonment for serious or repeat offenders
Mandatory Alcohol Interlock Program
Participation in a traffic offender program or rehabilitation
Penalties increase with the seriousness of the offence, prior history, and presence of aggravating factors (e.g. accident, refusal, child passenger).
Low-Range PCA (0.05 – 0.079)
Usually a fine and short disqualification. Often eligible for a reduced penalty or no conviction for first-time offenders.
Mid-Range PCA (0.08 – 0.149)
Stricter penalties including longer disqualification, larger fines, interlock orders, and potential for a criminal conviction.
High-Range PCA (0.150 and above)
Treated as a serious criminal offence. Includes mandatory disqualification, large fines, interlock program, and up to 18 months’ imprisonment.
DUI (Drugs or Alcohol)
Charged based on impairment, regardless of reading. Carries similar penalties to high-range PCA.
Refusing a Test
Treated as a high-range offence, often punished more severely due to deliberate non-compliance.
Low-Range PCA (0.05 – 0.079)
Usually a fine and short disqualification. Often eligible for a reduced penalty or no conviction for first-time offenders.
Mid-Range PCA (0.08 – 0.149)
Stricter penalties including longer disqualification, larger fines, interlock orders, and potential for a criminal conviction.
High-Range PCA (0.150 and above)
Treated as a serious criminal offence. Includes mandatory disqualification, large fines, interlock program, and up to 18 months’ imprisonment.
DUI (Drugs or Alcohol)
Charged based on impairment, regardless of reading. Carries similar penalties to high-range PCA.
Refusing a Test
Treated as a high-range offence, often punished more severely due to deliberate non-compliance.
New South Wales (NSW)
Under the Road Transport Act 2013 (NSW):
Low-range PCA: Up to $2,200 fine, automatic disqualification of 6 months (minimum 3 months), interlock for second offence.
Mid-range PCA: Up to $2,200 fine, up to 9 months in jail, disqualification 6–12 months, mandatory interlock.
High-range PCA: Up to $3,300 fine, 18 months’ imprisonment, disqualification of 12–36 months, interlock mandatory.
Refusal: Same as high-range.
Victoria (VIC)
Under the Road Safety Act 1986:
All PCA offences: Automatic licence cancellation.
Low-range (0.05–0.069): Minimum disqualification of 3 months (first offence).
Mid-range (0.07–0.149): 6–12 months disqualification, interlock required.
High-range (0.15+): 12+ months disqualification, interlock and potential imprisonment.
Queensland (QLD)
Under the Transport Operations (Road Use Management) Act 1995:
Low-range: Fine and disqualification 1–9 months.
Mid-range: Disqualification 3–12 months, larger fine.
High-range (0.15+): Up to 9 months in jail, 6–12 months disqualification, interlock.
Drug driving: 1–6 months disqualification for first offence.
Western Australia (WA)
Under the Road Traffic Act 1974:
BAC 0.05–0.079: Fine and 3-month suspension.
BAC 0.08–0.149: 6–10 months disqualification, up to 9 months’ jail.
BAC 0.15+: 30+ months disqualification, up to 18 months’ jail, mandatory interlock.
Drug driving: Up to 9 months disqualification.
South Australia (SA)
Under the Road Traffic Act 1961:
Low-range: $1,100 fine, 3-month disqualification.
Mid-range: 6–12 months disqualification, interlock.
High-range: Up to 2 years in jail, minimum 12 months disqualification.
Drug driving: 3 months disqualification and fine.
Australian Capital Territory (ACT)
Under the Road Transport (Alcohol and Drugs) Act 1977:
First-time low-range: Disqualification 1–3 months.
Mid-range: 6–12 months disqualification, possible interlock.
High-range/refusal: Up to 12 months’ jail and 12+ months disqualification.
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a licensed criminal lawyer.
