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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 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).