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Refuse to provide further sample - drink driving
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Minimum Disqualification Periods for Drink Driving
Minimum Disqualification Periods for Drink Driving
View the table below to see the minimum penalty for first time drink driving, and subsequent penalties for drink driving. The Table lists the mimimum disqualification periods for a drink drive charge.
The first column is the reading for drink driving from the breathalyser. There is a discretion for less than .07 not to take a person's licence if certain other criteria are met. For all the other readings the penalty for drink driving is a mandatory minimum. That is the least the Magistrate has to give you.
A second drink driving offence has a penalty that depends on when you got the last one. If it is outside 10 years the Magistrate does not have to impose the penalty but they often still increase from the minimum for a first offence of drink driving.
If you need legal representation for a Drink Driving charge, contact us using the links to the top right of this page.
| DRINK DRIVING - MINIMUM DISQUALIFICATION PERIODS | ||
| Concentration of alcohol in blood in grams per 100 millilitres of blood or in breath in grams per 210 litres of exhaled air. |
First offence | Subsequent offence |
| drink driving less than .07 | 6 months | 12 months |
| drink driving charge .07 or more but less than .08 | 6 months | 14 months |
| drink driving charge .08 or more but less than .09 | 6 months | 16 months |
| drink driving charge .09 or more but less than .10 | 6 months | 18 months |
| drink driving charge .10 or more but less than .11 | 10 months | 20 months |
| drink driving charge .11 or more but less than .12 | 11 months | 22 months |
| drink driving charge .12 or more but less than .13 | 12 months | 24 months |
| drink driving charge .13 or more but less than .14 | 13 months | 26 months |
| drink drive charge .14 or more but less than .15 | 14 months | 28 months |
| drink drive charge .15 or more but less than .16 | 15 months | 30 months |
| drink drive charge .16 or more but less than .17 | 16 months | 32 months |
| drink drive charge .17 or more but less than .18 | 17 months | 34 months |
| drink drive charge .18 or more but less than .19 | 18 months | 36 months |
| drink drive charge .19 or more but less than .20 | 19 months | 38 months |
| drink drive charge .20 or more but less than .21 | 20 months | 40 months |
| drink drive charge .21 or more but less than .22 | 21 months | 42 months |
| drink drive charge .22 or more but less than .23 | 22 months | 44 months |
| drink drive charge .23 or more but less than .24 | 23 months | 46 months |
| drink drive charge .24 or more | 24 months | 48 months |
