Drink Driving Penalties in Australia
Updated 22 September 2026 · General information, not legal advice
The general drink driving limit in Australia is a blood or breath alcohol concentration (BAC) of 0.05 for full licence holders, and learner and provisional drivers must have a BAC of zero in every state and territory. Penalties rise with the reading and with prior offences. A first offence brings a fine and, in most cases, loss of licence for at least 3 months; higher readings bring longer disqualification, possible imprisonment and an alcohol interlock.
If you have been charged, check three things first: the reading on the police notice, whether your licence was suspended on the spot, and the court date. Keep the notice and do not drive while suspended. A lawyer from our list of Traffic & Drink Driving Lawyers in Australia can explain the minimum penalty that applies to your reading in your state.
What is the drink driving limit in each state?
The drink driving limit is 0.05 BAC for fully licensed drivers in every state, and zero for learners, provisional drivers and certain professional drivers. The zero limit covers more drivers in some states.
| State | General limit | Who must have zero BAC (main groups) | Main Act |
|---|---|---|---|
| NSW | 0.05 | Learner and provisional drivers; special category drivers have a 0.02 limit | Road Transport Act 2013 (NSW) |
| Victoria | 0.05 | Learner permit holders, P1 and P2 drivers, full licence holders with a Z condition, taxi drivers | Road Safety Act 1986 (Vic) |
| Queensland | 0.05 | Learner, provisional and probationary licence holders, drivers of particular vehicles | Transport Operations (Road Use Management) Act 1995 (Qld) |
| Western Australia | 0.05 | Novice drivers (licence held under 2 years), recently disqualified drivers, extraordinary licence holders, alcohol interlock offenders, taxi, bus and heavy vehicle drivers | Road Traffic Act 1974 (WA) |
| South Australia | 0.05 | Learner and provisional licence holders | Road Traffic Act 1961 (SA) |
| Tasmania | 0.05 | Learner and provisional licence holders, drivers of prescribed vehicles | Road Safety (Alcohol and Drugs) Act 1970 (Tas) |
| ACT | 0.05 | "Special drivers": learner, provisional, probationary and restricted licence holders, drivers with an interlock condition, unlicensed or suspended drivers, heavy vehicle and dangerous goods drivers | Road Transport (Alcohol and Drugs) Act 1977 (ACT) |
| Northern Territory | 0.05 | Drivers under 18, learner, provisional and probationary drivers, unlicensed drivers, heavy vehicle, dangerous goods and commercial passenger vehicle drivers | Traffic Act 1987 (NT) |
In Victoria, a full licence holder under 26 years of age who records 0.05 to under 0.07 faces at least 6 months' disqualification rather than 3.
What are the penalties for a first drink driving offence?
Penalties for a first drink driving offence depend on the reading. The table sets out the first-offence penalties for a full licence holder, as at September 2026. Fines are indexed, so check the current figure.
| State | Low range (0.05 to under 0.08) | Mid range (0.08 to under 0.15) | High range (0.15 and over) |
|---|---|---|---|
| NSW | Penalty notice $722 and 3-month suspension; in court, maximum fine $2,200, automatic 6-month disqualification (minimum 3 months) | Maximum fine $2,200, up to 9 months' prison, automatic 12-month disqualification (minimum 6 months), interlock | Maximum fine $3,300, up to 18 months' prison, automatic 3-year disqualification (minimum 12 months), interlock |
| Victoria | Licence cancelled; at least 3 months (infringement, 0.05 to under 0.07) or at least 6 months (0.07 to under 0.10) | At least 6 months (under 0.10); 10 to 14 months (0.10 to under 0.15) | 15 to 24 months |
| Queensland | 0.05 to under 0.10: 2 to 9 months' disqualification, maximum fine $3,454, up to 3 months' prison | 0.10 to under 0.15: 3 to 12 months, maximum fine $4,835, up to 6 months' prison | At least 6 months, maximum fine $6,908, up to 9 months' prison |
| Western Australia | Excess 0.05: fine up to $1,250 and 3 to 5 demerit points, or a $1,000 infringement; no disqualification for a first offence | Excess 0.08: fine from $750 to $2,250 and at least 6 months' disqualification at the lowest reading, rising with the reading | Driving under the influence: fine from $1,700 to $3,750 and at least 10 months' disqualification |
| South Australia | Expiation fee $904 and 4 demerit points, or in court $1,100 and at least 3 months' disqualification | Fine $900 to $1,300, immediate disqualification of at least 6 months, 5 demerit points | Fine $1,100 to $1,600, immediate disqualification of at least 12 months, 6 demerit points |
| Tasmania | Disqualification for a first offence between 0.05 and 0.10 | Fine and disqualification set by the magistrate | Fine and disqualification set by the magistrate; mandatory interlock program |
| ACT | Maximum 25 penalty units; automatic 6-month disqualification (minimum 3 months) | Maximum 50 penalty units, up to 6 months' prison; automatic 12 months (minimum 6 months) | Maximum 75 penalty units, up to 9 months' prison; automatic 18 months (minimum 9 months) |
| Northern Territory | At least 3 months' disqualification; $400 infringement and 6 demerit points, or 5 penalty units in court | At least 6 months; 7.5 penalty units; up to 6 months' prison | At least 12 months; 10 penalty units; up to 12 months' prison |
In Queensland, the dollar maximums reflect the penalty unit value of $172.70 from 1 July 2026 under the Penalties and Sentences Act 1992 (Qld). In the ACT, the maximums in penalty units come from table 19 of the Road Transport (Alcohol and Drugs) Act 1977, and the automatic disqualification periods from section 27.
What if you are a learner or provisional driver?
A learner or provisional driver who records any alcohol commits an offence. In Queensland, a reading above zero but under 0.05 carries 3 to 9 months' disqualification. In the Northern Territory it carries a mandatory 3-month disqualification. In Western Australia, a novice driver over 0.02 must be disqualified for at least 3 months. In NSW, the novice range offence carries the same penalties as low range.
What about a second offence?
Penalties rise sharply for a second offence. In Western Australia, a second driving under the influence offence carries at least 30 months' disqualification and up to 9 months' imprisonment, and a third brings a lifetime disqualification. In South Australia, a second high-range offence carries at least 3 years' disqualification.
When does an alcohol interlock apply?
An alcohol interlock is a breath-testing device wired to the ignition. The car will not start if the driver has been drinking. Every state now uses one after serious or repeat drink driving.
- NSW: mandatory for all drivers convicted of mid-range, high-range, repeat and other serious drink driving offences.
- Victoria: mandatory for every driver who loses their licence for drink driving, for at least 6 months, plus a behaviour change program and a zero BAC condition for at least 3 years after relicensing.
- Queensland: the Alcohol Ignition Interlock Program applies after driving under the influence, a reading of 0.10 or more, failing to provide a specimen, dangerous driving affected by alcohol, or 2 or more drink driving offences within 5 years.
- Western Australia: after a conviction for an alcohol interlock offence, such as driving under the influence, the new licence carries interlock conditions for at least 6 months.
- South Australia: the mandatory scheme under section 81E of the Motor Vehicles Act 1959 (SA) applies after a high-range offence, a second mid-range offence within 5 years, refusal of a test, or driving under the influence, for a period equal to the disqualification.
- Tasmania: the Mandatory Alcohol Interlock Program applies after driving under the influence, a reading of 0.15 or more, 2 or more drink driving offences in 5 years, or failing to give a sample. The minimum program is 15 months.
- ACT: an interlock condition applies after a high-range offence (0.15 or more), 2 previous drink driving offences in 5 years, or refusing a breath or blood sample.
- Northern Territory: a court can make an alcohol ignition lock order for a second or subsequent offence.
In Victoria, Western Australia and South Australia the driver pays for the interlock, and Tasmania estimates the cost of its program at approximately $3,000 to $3,500.
Can police suspend your licence on the spot?
Yes, for higher readings in most states. The suspension lasts until the charge is finalised in court.
- NSW: police can suspend a licence immediately for drink driving offences.
- Victoria: police can suspend a licence immediately for certain drink driving offences and impound a car for 30 days for a first offence at 0.10 or more.
- Queensland: a 24-hour suspension applies below 0.10, and an immediate suspension applies at 0.10 or more.
- Western Australia: police normally issue a 2-month roadside disqualification notice for excess 0.08 and driving under the influence.
- South Australia: a mid-range or high-range reading brings immediate loss of licence.
- Northern Territory: immediate suspension applies to a high-range charge and to second or subsequent low-range and mid-range charges.
In NSW, a driver can appeal an on-the-spot suspension to the Local Court within 28 days. The Northern Territory also allows an appeal to the Local Court against an immediate suspension notice. The rules for appeals and work licences are set out in Licence Suspension & Disqualification.
Can you avoid a conviction or keep your licence?
Minimum disqualification periods usually bind the court, even where the driver needs a licence for work. In South Australia, the court can reduce the minimum only if a first offence is "trifling", which requires rare and exceptional circumstances. Other options depend on the state:
- Non-conviction orders. Some courts can find the offence proved without recording a conviction, such as under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW). These orders are not available for every drink driving offence or every driver.
- Restricted (work) licence in Queensland. A driver convicted of drink driving can apply to the convicting court for a restricted licence, but not if the reading was 0.15 or more or the driver held a provisional licence.
- Extraordinary licence in Western Australia. A driver disqualified by a WA court can apply to the court, after a waiting period, but not while under a roadside disqualification notice.
The defence side matters too. A lawyer can check whether the breath or blood test followed the required procedure and whether the reading was taken within the time the law of that state allows. In South Australia, for example, a breath reading is presumed to reflect the driver's BAC for the preceding 3 hours under section 47K of the Road Traffic Act 1961 (SA).
Editor's picks
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Hugo Law Group
Specialist criminal and traffic defence practice with offices in Sydney, Canberra, Perth and Northern NSW.
Sydney NSWCanberra ACTPerth WANorthern NSW
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Doogue + George
Specialist criminal defence practice with accredited criminal law specialists and several Victorian offices.
Melbourne VICBroadmeadows VICHeidelberg VICMoorabbin VICSunshine VICSydney NSW
View firm profileFinding a traffic and drink driving lawyer
A drink driving charge is heard in the Local Court or Magistrates Court of the state where it happened. Compare firms on our list of Traffic & Drink Driving Lawyers in Australia, or go straight to a city list: Traffic & Drink Driving Lawyers in Sydney, Traffic & Drink Driving Lawyers in Melbourne, Traffic & Drink Driving Lawyers in Brisbane or Traffic & Drink Driving Lawyers in Perth. Criminal defence firms also act in drink driving matters, so you can compare Criminal Lawyers in Australia or the local lists for Criminal Lawyers in Sydney, Criminal Lawyers in Melbourne and Criminal Lawyers in Brisbane. If you cannot afford a lawyer, a duty lawyer at court and the options in Free Legal Advice in Australia are the place to start.
Frequently asked questions
How many standard drinks can I have and stay under 0.05?
There is no safe number that applies to everyone. Blood alcohol concentration depends on body size, sex, food, time and the drink itself, so the only way to be sure of a zero reading is not to drink before driving.
Does a drink driving offence give you a criminal record?
A drink driving offence dealt with in court results in a conviction unless the court makes a non-conviction order, such as an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) or section 12 of the Penalties and Sentences Act 1992 (Qld). A recorded conviction appears on your criminal history.
Can I drive to court after a drink driving charge?
Only if your licence has not been suspended or disqualified. Police in several states, including NSW, Victoria, Queensland, South Australia, the ACT and the Northern Territory, can suspend or disqualify a licence immediately for more serious readings.
Is a drink driving offence in another state counted at home?
In Victoria, yes. Victoria applies the same rules to Victorian licence holders caught drink driving interstate, including licence cancellation, a zero BAC condition and an interlock.
What happens if I refuse a breath test?
Refusing a breath or blood test is a separate offence with its own penalties and, in several states, an interlock requirement. In Western Australia, a first offence of failing to comply carries a fine of $2,050 to $5,650 and at least 15 months' disqualification.