Road Safety Act 1986 – SECT 49
Offences involving alcohol or other drugs
For the charge of ‘Exceed PCA’, the maximum penalty is:
First Offence: 20 penalty units
Second Offence:
60 penalty units or 6 months if BAC (blood or breath sample) is less than 0.15.
120 penalty units or 12 months imprisonment if BAC (blood or breath sample) is less than 0.15 or more.
Subsequent Offence (third or more within 10 years):
if BAC is less than 0.15: 120 penalty units or 12 months imprisonment
if BAC is more than 0.15: 180 penalty units or 18 months imprisonment.
Note: A person who is guilty of an accompanying driver offence is liable to a fine of not more than 5 penalty units.
From 30 April 2018, new mandatory loss of licence periods apply depending on level of alcohol present in your blood or breath. If there is more than the prescribed concentration of alcohol in your breath (0.05 concentration of alcohol in blood in grams per 100 millilitres of blood or in breath in grams per 210 litres of exhaled air), he disqualification periods are as follows:
| Blood Alcohol Concentration (BAC) | First Offence | Subsequent Offence |
|---|---|---|
| less than .07 | 6 months | 12 months |
| .07 or more but less than .08 | 6 months | 14 months |
| .08 or more but less than .09 | 6 months | 16 months |
| .09 or more but less than .10 | 6 months | 18 months |
| .10 or more but less than .11 | 10 months | 20 months |
| .11 or more but less than .12 | 11 months | 22 months |
| .12 or more but less than .13 | 12 months | 24 months |
| .13 or more but less than .14 | 13 months | 26 months |
| .14 or more but less than .15 | 14 months | 28 months |
| .15 or more but less than .16 | 15 months | 30 months |
| .16 or more but less than .17 | 16 months | 32 months |
| .17 or more but less than .18 | 17 months | 34 months |
| .18 or more but less than .19 | 18 months | 36 months |
| .19 or more but less than .20 | 19 months | 38 months |
| .20 or more but less than .21 | 20 months | 40 months |
| .21 or more but less than .22 | 21 months | 42 months |
| .22 or more but less than .23 | 22 months | 44 months |
| .23 or more but less than .24 | 23 months | 46 months |
| .24 or more | 24 months | 48 months |
If you are an L or P-plater, or anyone else with nil alcohol conditions, if you are caught with a BAC of less than 0.05 then you face an automatic disqualification period of three months for a first offence and 12 months for a subsequent offence.
However, if the BAC is 0.05 or more but less than 0.07, and you are 26 years or older, and section 52 of the Road Safety Act does not apply (i.e. you are subject to a zero blood alcohol or breath condition), then the disqualification period is three months.
If you are caught over the 0.05 limit, you must also complete a mandatory ‘behaviour change program’ before being eligible to reapply for your licence.
Additionally, if you are caught over the 0.05 limit you will be forced to have an alcohol interlock fitted to your car for six months when you regain your licence. This condition applies to all offenders (first time and repeat).
