View the table below to see the minimum penalty for first time drink driving, and subsequent penalties for drink driving. The Table lists the minimum 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 |
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).
