- Do not obstruct police in the performance of their duty or there may be additional charges;
- Provide their true name, date of birth and current residential address;
- Reserve their right to remain silent - not answer questions, give a statement or agree to an interview until after having sought professional legal advice;
- Phone a lawyer – not a friend or relative as only one phone call may be permitted and it is better to get expert advice immediately to make the best decisions on how to proceed.
DUI Offences
Have you been charged with a DUI offence? With 20 years experience in Traffic law and dealing with courts and the police, David has the knowledge to get you the best outcome and save your licence.
What constitutes a DUI Offence in QLD?
There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath (breath alcohol concentration BAC) is used to measure if you have exceeded the legal limits. These limits are used to determine the specific penalties when you are caught driving in excess of these limits.
1. 'No Alcohol' Limit
This limit applies to P-plate drivers in Queensland where 0 BAC is the legal limit. Any amount in excess is an offence for a P-plate driver. There are also other special circumstances where the 'no alcohol' limit applies. The penalties for first time offenders caught in excess of 0.00 BAC and below 0.05 BAC whilst driving include:
- 3 - 9 months license suspension.
- A maximum $1,868 fine.
- A maximum of 3 months in prison.
2. General Alcohol Limit
This is blood or breath alcohol concentration of 0.05. It is the most common limit for open license drivers. I you are driving a motor vehicle and are found in excess of this limit it is an offence. The penalties first time offenders include:
- 1 - 9 months license suspension.
- A maximum $1,868 fine.
- A maximum of 3 months in prison.
3. Middle Alcohol Limit
This is where you a caught driving with a blood or breath alcohol concentration of 0.10. This is a serious DUI offence and penalties first time offenders may include:
- 3 - 12 months license suspension.
- A maximum $2,669 fine.
- A maximum of 6 months in prison.
4. High Alcohol Limit
This is where you a caught driving with a blood or breath alcohol concentration of 0.15. Being caught at and in excess of the high alcohol limit is a very serious DUI offence and penalties for first time offenders may include:
- Your license being suspended for a minimum of 6 months.
- A maximum $3,736 fine.
- A maximum 9 months imprisonment.
License Disqualifications for DUI Offences
Disqualifications for drink driving in Queensland range from anywhere between 1 month to 5 years, and drink drivers may be subject to imprisonment for up to 18 months. In these situations, you should retain a criminal defence lawyer who has extensive experience in drink driving matters.
Work licence applications
If you have been charged with a drink driving offence where the BAC was between .05 – .149 you may be eligible for a restricted work licence which will allow you to drive for employment purposes.
There will be specified circumstances which apply to a restricted licence. These can include:
- the purpose the motor vehicle may be driven
- the class of motor vehicle which may be driven
- the times the driver may drive
- whether passengers may be transported in the vehicle
If you are about to be questioned by police or asked to attend a Police interview, speak to an experienced criminal lawyer as soon as possible. David Cole has extensive experience helping clients protect their rights during police investigations. Whether you are a suspect, witness, or simply someone the police wish to speak with, what you say—or choose not to say—can significantly impact your legal position.
Contact David Cole on 0407 322 955 to arrange a confidential consultation.
Do I have the right to remain silent?
Yes, under Queensland law you have the right to remain silent. This law applies whether you have been stopped in the street, at home, at a Police station or if you are arrested. In Queensland, Police do not have to advise you of your right to remain silent unless they are charging you with an indictable criminal offence. Indictable offences in Queensland are serious criminal offences such as murder, rape, armed robbery, large-scale fraud and some offences related to drugs.
However, you must still provide Police with certain information when asked. This includes:
- your name, address and date of birth;
- your Driver’s Licence details (if you have committed a Traffic Offence or been involved in an accident);
- Remember, it is an offence not to give Police your correct name and date of birth and may result in further charges if you do so.
No negative conclusion can be drawn from your decision to remain silent. It is not an admission of guilt.
Exercise your Right to Silence and contact an experienced criminal lawyer immediately.
Why should I remain silent?
Anything you say to the Police can be used against you later in Court. There is no such thing as a ‘friendly chat’ or speaking ‘off the record’. You should assume everything you say is being recorded whether it is on the street, in your home, in a phone call or during an interview at the Police Station. You may inadvertently say something that could be misconstrued or taken out of context. It may also confirm Police suspicions of your involvement in a crime simply by acknowledging you know of a particular person or have been at a particular location and therefore lead to a decision to arrest you.
Ideally, you should ask the Police why they wish to talk to you, but remember they don’t have to tell you everything they already know or what evidence they have already obtained. Police are trained to ask open ended questions that you cannot answer ‘Yes’ or ‘No’ to, the answers always require further explanation. In providing such answers, you could be supplying the Police with the missing pieces they need to justify an arrest.
Police interviews are not personal. They are a fact-finding mission to gain evidence for the Prosecution. Remain calm, polite and co-operative but do not divulge or volunteer any information beyond your identification details without first seeking legal advice.
Do the Police need a Search Warrant?
No, Queensland Police do not require a search warrant to search either yourself, your vehicle or your property in a broad range of circumstances. The Police have the authority to apply for a search warrant after the event if they have reasonable cause for concern.
Although, Police may ask your permission to conduct a search, you do not have to consent. However, they can still carry out the search and you must not attempt to prevent the search. Interfering or refusal might result in further charges being laid against you. Remain polite and cooperative but do not assist in the search.
The Police may seize any item believed to be evidence of the commission of an offence.
Exercise your Right to Silence and contact an experienced criminal lawyer immediately.
If you feel a search was unlawful and you don’t believe the Police had any cause to justify the search, you should consult a criminal lawyer.
Queensland Police are allowed by law to search your person without a search warrant if they have reasonable cause to suspect you have in your possession:
- a firearm;
- any item designed, intended, or capable of being used to cause death or injury;
- any item designed, intended, or capable of using to threaten or intimidate;
- any form of explosive material;
- unlawful dangerous drugs;
- stolen, tainted or unlawfully attained property;
- evidence of a wilful damage offence of which evidence may be destroyed.
Queensland Police are allowed by law to search your vehicle without a search warrant if they have reasonable cause to suspect you are using the vehicle unlawfully, for example you have in the vehicle:
- a firearm, weapon or explosive;
- a dangerous drug;
- something that could reasonably assumed to be used for stealing, administration of drugs or housebreaking;
- stolen or unlawful property.
Queensland Police may enter and search your property without a search warrant if they have reasonable cause to suspect that there is at, or about the place, or a person at the place, that will provide evidence:
- that may be hidden or otherwise be destroyed;
- of the commission of a ‘part 2 offence’ which may be concealed or destroyed. This will include, but not limited to, indictable offences, or offences against any of the following Queensland Acts –
- Confiscation Act
- Explosives Act
- Nature and Conservation Act
- Weapons Act
Queensland Police may also enter your property without a search warrant if they need to:
- prevent domestic violence;
- investigate traffic offences (for example take a breath test for alcohol or saliva test for drugs);
- catch someone who has escaped from prison or from being arrested;
- arrest someone;
- reach a crime scene.
Do I have to give an interview?
You may be formally interviewed:
- after being arrested;
- after being formally detained for questioning about an indictable offence.
- Police must advise you at that point of your right to remain silent and that you do not have to answer questions. If you have not already done so, ask to speak to your lawyer.
- voluntarily – ensure you have spoken to your lawyer first if they are not present with you.
If you are charged with an indictable offence, Police must inform you of your right to remain silent and that anything you say may be used as evidence.
No matter the situation, never give an interview until you have obtained proper and independent legal advice.
Exercise your Right to Silence and contact an experienced criminal lawyer immediately.
If you do provide Police with an interview, they must provide you with a free copy of the interview, or of the interview tape, within seven (7) days. If it was a video recording, they have 14 days in which to provide you with a copy. It is important you share this document, or footage, with your criminal lawyer.
Police must accommodate people with specific needs. For example:
- if you have limited English or English is your second language, you are entitled to an interpreter if required;
- if you are hearing impaired you can insist on an Auslan interpreter;
- a parent or independent person must be present when questioning someone under the age of 18 about a serious matter;
- a legal aid organisation must be notified to arrange support for Aboriginal and Torres Strait Islander people where required;
- Police must not question a person under the influence of drugs or alcohol – request to be interviewed at a later time when you are not under the influence of drugs or alcohol;
- a person with impaired capacity must be allowed to speak with a support person and not continue with questioning if the person does not have the legal capacity to be questioned. Police must suspend questioning to organise a support person;
Police must not obtain a confession using threats or promises of any kind.
Police must allow you to contact a support person (a friend or relative) if required, and arrange for them to be with you during your formal interview. A support person is allowed to ask police to clarify questions, and can challenge improper questions or the way a question is asked.
Police must always allow you the right to contact a lawyer and have them present. It is always safer to have a lawyer with you rather than just a support person. Do not speak to your lawyer unless you are alone, remember everything is recorded and ensure Police can’t listen to your conversations with your lawyer.
Do I have to go to a Police Station?
No, not unless you are under arrest. Ask the officer, if you are under arrest. If not, you are free to walk away.
- You must go with police only if you are formally arrested for an offence or formally detained for questioning about an indictable offence.
- You must also go with police for a blood or breath test in relation to a drink or drug driving offence.
If you are informed you need to go to a Police Station to state on record you don’t want to be interviewed, you can refuse but will need to put in writing that you have advised you don’t want to be interviewed.
Do I need a Lawyer?
If you do attend a Police Station you are within your rights to have a friend or relative present. However, chances are they will not be versed in criminal law and most likely just as stressed as you. Either way they are only there to support you, they cannot give you legal advice, and they may be told to leave if they disrupt or interfere in the Police questioning. It would be more advisable to have a lawyer with you in the interview and your friend or relative waiting outside.
For your own piece of mind, it is a good idea to research a reliable criminal lawyer and have their contact details in your phone Directory. That does not presume you will ever need one, but it is like having insurance, one assumes one will never need it, but you have it just in case. Knowing that you have already researched a lawyer and have their contact details on your phone will help alleviate a lot of your stress.
Once you request to speak to a lawyer, Police must allow a reasonable time for them to arrive and should delay questioning you until they do, except in urgent circumstances whereby such delay could endanger public safety or the preservation of evidence.
Police should arrange for your lawyer to speak to you in private. If the facility cannot provide a separate designated area, ensure your conversation cannot be overheard. Remember, assume everything you say is being recorded.
Don’t face a Police interview without the right support. David Cole can help you through the legal process of protecting your rights from the outset.
Contact David Cole on 0407 322 955 to arrange a confidential consultation.
Absolutely. David Cole represents clients across Queensland. Advice can be provided by phone or video call, and representation can be arranged in regional or remote courts where needed.
Penalties vary depending on the type of offence. They can include fines, community service, disqualification from holding a weapons licence and prison, in some cases for up to 10 years. Aggravating factors like repeat offending or public safety risks can increase the severity.
The prosecution must prove you knowingly possessed or had control over the weapon. If you didn’t know the item was there or it wasn’t yours, this may be a defence. Legal advice is essential to explore this properly.
Carrying a weapon in public, especially in a school, licensed venue or crowded area, is treated as a serious offence. Even if the item isn’t used, you can be charged based on possession alone.
Yes. Being charged with a weapons offence can result in the immediate suspension or cancellation of your licence. A conviction may also prevent you from obtaining a licence in the future.
Unlawful possession means having a weapon without the required licence or authority, or possessing it in a prohibited location or manner. Even if you didn’t intend to use it, simply having a weapon in your car or at home can be enough to face a charge.
A weapon includes firearms, knives, crossbows, imitation guns, martial arts items and even some household objects if they are used or intended to be used in a dangerous or unlawful way. Weapons are categorised under Queensland law according to their type and level of risk.
Weapons offences fall under the Weapons Act 1990 (Qld) and the Criminal Code Act 1899 (Qld). These laws cover possession, use, storage, sale, and manufacture of firearms, knives and other restricted items.
Yes. Your lawyer can appear in court on your behalf and guide you through the legal process. For some early court dates (such as mention hearings), your lawyer may be able to attend without you.
As early as possible. If you're under investigation or have already been charged, early legal advice can shape the direction of your case and help you avoid serious mistakes during interactions with the police.
Yes. Weapons charges can result in serious penalties, including prison time and loss of your weapons licence. A criminal defence lawyer can explain the charges, advise you on your options and help build a defence aimed at securing the best possible outcome.
You should speak to a lawyer before answering any questions. Other than confirming your name, date of birth and address, you are not legally required to answer police questions. Anything you say can be used as evidence. A criminal lawyer can advise you whether to participate in an interview and how to protect your legal rights.
Unlawful possession of a weapon is one of the most commonly charged offences in Queensland. This applies when a person is found with a weapon but does not hold a current licence or has breached a condition of their licence.
Possession includes having a weapon on your person, in your car or stored at your residence without proper authorisation. Even if the weapon belongs to someone else, you may still be charged if it is under your control or found in your presence.
Maximum Penalty for Unlawful Possession of a Weapon
The maximum penalty is up to 7 years' imprisonment. However, the sentence can vary depending on the type of weapon, prior criminal history and the context in which the weapon was found.
How Digital Evidence Is Changing Criminal Trials
Technology has reshaped how criminal investigations and trials unfold. Today, mobile phones, online activity and other digital records are central to proving or disproving allegations. Courts are placing growing weight on these digital footprints to verify timelines, track movements or challenge statements. For anyone facing criminal charges, understanding how digital evidence is used can make a crucial difference to the outcome.
In this article, we explore how digital evidence is influencing criminal trials in Queensland and the challenges legal professionals face in using it fairly and effectively.
Key Takeaways:
- Digital evidence such as text messages, social media activity and phone data now plays a central role in many criminal trials.
- Criminal lawyers and barristers must know how to challenge, interpret and present digital evidence effectively.
- There are legal hurdles when it comes to admissibility, reliability and privacy of digital data.
- Courts are continuing to set new precedents as technology evolves, especially with AI and forensic software.
- If you’re facing charges involving digital evidence, seek legal advice from an experienced criminal defence team.
If you're involved in a criminal matter where digital evidence plays a role, or you're unsure how it might affect your case, it's critical to seek advice early. With decades of experience on both sides of the courtroom, criminal defence lawyer David Cole can help you understand your rights, challenge unlawful evidence, and build a strong defence. Contact David today for a confidential consultation.
Types of Digital Evidence Used in Criminal Trials
There is a wide range of digital material that can be introduced in a criminal trial. Each comes with its own benefits, limitations and legal implications.
Social Media Posts & Messages
Platforms like Facebook, Instagram and WhatsApp can provide evidence of intent, association or even confession. Posts made in anger, humour or carelessness have been used to support both prosecution and defence claims. Messages between parties can be critical in cases involving assault, drug deals or harassment.
Mobile Phone Data
Phones hold vast amounts of personal information. Call logs, text messages, app usage and location history are often retrieved through forensic analysis. In some cases, a phone’s metadata can place a person at a crime scene or prove they weren’t there at all.
CCTV & Surveillance Footage
Security cameras are everywhere, from shops to residential properties. Police often collect CCTV footage in the early stages of an investigation. Footage from public systems can help trace a suspect's movements or confirm timelines. Private cameras, including doorbell and business surveillance systems, are frequently requested to provide visual context or capture key events. Whether it's tracking movement, confirming identity or verifying alibis, this footage is commonly used in court to corroborate or contradict statements.
Computer & Internet Activity
Search history, online purchases, email records and downloads may all be scrutinised. In fraud and child exploitation cases, this type of evidence is often central to the prosecution.
Audio & Video Recordings
Phone recordings, dash cam footage or video from body-worn cameras can have a powerful impact in court. However, the way this content is obtained matters as unlawfully recorded material may be deemed inadmissible.
Forensic Data Analysis
Digital forensics can uncover deleted messages, recover files from damaged devices and detect whether data has been tampered with. A forensic data analysis involves the scientific examination of digital devices to extract and interpret electronic evidence. This process can include tracing timelines, identifying suspicious activity or validating the origin of data. Experts in this field often act as witnesses to validate evidence or explain technical findings to the court.
Blockchain & Metadata
Emerging areas of digital forensics now include blockchain analysis and metadata interpretation. Blockchain data, while decentralised and encrypted, can still reveal transactional records, time stamps and user patterns. In some cases, it may help trace the source of illicit financial flows or establish links between parties. Metadata - data about data - can also be critical. It might include when a file was created, accessed or modified, and by whom. These details are often overlooked but can strengthen or weaken a case significantly, especially when assessing the authenticity and timeline of events.
Understanding these advanced layers of digital evidence is becoming more important as criminal trials increasingly rely on not just what was said or done, but how and when it occurred in the digital space. This process can include tracing timelines, identifying suspicious activity or validating the origin of data.
Admissibility & Legal Challenges of Digital Evidence
While digital evidence can be compelling, it must meet strict legal standards to be used in court. Its value depends on how it was collected, verified and presented.
Authentication & Reliability
Before being admitted, digital evidence must be shown to be authentic. This means confirming it hasn’t been altered and truly reflects what it claims to. For instance, screenshots alone may not be enough without supporting metadata or witness testimony.
Chain of Custody Issues
Maintaining an unbroken record of who handled the evidence, when and how is crucial. Any gaps in this chain can raise questions about whether the data was tampered with, either intentionally or accidentally.
Privacy Concerns & Warrants
Accessing digital data usually requires a warrant. Police must show reasonable grounds to search devices or accounts. If this process isn’t followed correctly, the defence may argue that the evidence is inadmissible due to a breach of privacy rights.
Hearsay & Manipulation Risks
Digital content can be forged, altered or taken out of context. Courts must be cautious with deepfakes, AI-generated content and edited messages. What appears on screen may not reflect the full truth.
These challenges highlight the importance of careful handling, verification and legal oversight when dealing with digital material. While such evidence can be powerful, it also carries risks that must be managed to ensure justice is served.
The Role of a Criminal Lawyer & Barrister in Handling Digital Evidence
Criminal defence lawyers must approach digital evidence with both caution and strategy. In today’s legal landscape, understanding how to work with digital material is essential. It can be used to undermine the prosecution’s narrative, expose inconsistencies or procedural errors, and even result in evidence being excluded altogether.
On the other hand, it can also be harnessed to support the defence, validate an alibi or demonstrate a lack of intent. With technology evolving rapidly, a well-informed legal approach to digital evidence is no longer optional, it’s critical to mounting an effective defence.
Defending Against Digital Evidence
Challenging digital evidence often forms a key part of a criminal defence strategy. Lawyers may scrutinise the circumstances under which the evidence was gathered, particularly whether appropriate legal procedures were followed. This can include questioning the validity of warrants used to access devices or online accounts, the scope of the data collected and the reliability of the tools used in its extraction.
In some cases, legal representatives will seek to have digital material excluded altogether if it has been obtained unlawfully or if its probative value is outweighed by the risk of unfair prejudice. Detailed cross-examination and the use of expert witnesses are often vital to challenging the accuracy, context or interpretation of digital records.
Using Digital Evidence to Support a Defence
While digital evidence can be used by the prosecution, it can also play a powerful role in the defence. Location tracking can place a defendant away from the scene of the crime. Social media activity may contradict a timeline proposed by investigators. Messages can reveal intent, relationships or coercion, giving important context to a situation. For example, a series of text messages might show that an accused person was threatened or responding to provocation.
Effective legal teams will identify and extract digital records that help demonstrate a lack of intent, support an alibi or raise reasonable doubt. A lawyer who understands how to access and frame this material effectively can use it to raise doubt, build context or strengthen the defence case.
Expert Witnesses & Digital Forensics
Digital forensic experts are increasingly involved in criminal trials. These professionals help make sense of complex technical evidence, such as metadata, data recovery results or patterns of device usage. Their findings can challenge the prosecution's narrative or reinforce the defence's position.
A well-briefed expert can also identify inconsistencies in how digital evidence has been collected or interpreted. Their testimony bridges the gap between technical complexity and lay understanding, helping the court grasp how and why certain digital conclusions were reached.
In cases involving allegations of document tampering, unauthorised access or digital manipulation, forensic expertise is not just helpful, it is often essential.
Recent Cases & Precedents in Queensland & Australia
One notable example is the 2014 case of R v Gittany, where digital surveillance footage from a private apartment building was instrumental in disproving the defendant’s account of events. The case drew national attention for the way technology helped reconstruct the lead-up to a fatal incident.
Another high-profile matter involved the use of encrypted messaging app data obtained under the AN0M sting operation, a global law enforcement collaboration that led to hundreds of arrests across Australia. Evidence from these intercepted messages has been central to prosecutions involving organised crime, drugs and weapons trafficking.
In Queensland, decisions continue to be made on the admissibility of evidence collected from mobile phones and cloud-based services, particularly in the absence of proper warrants. Courts are paying closer attention to how digital material is collected, handled and presented.
These cases show how digital evidence is both a powerful prosecutorial tool and a potential point of challenge for defence lawyers. As legal frameworks continue to evolve, precedents set by these decisions will guide how future digital material is treated in court.
Across Australia, digital evidence has shaped the outcome of many recent cases. In some cases, covert recordings have been ruled inadmissible due to privacy breaches. In others, social media posts have been used to demonstrate criminal intent.
Queensland courts have increasingly addressed questions of authenticity and fairness when it comes to digital material. These decisions continue to set precedents that influence how such evidence is handled in future trials.
Future Trends: How Technology Will Continue to Shape Criminal Law
As technology evolves, so too will the challenges facing criminal law. New tools may help law enforcement but they also raise important ethical and legal concerns.
AI, facial recognition and predictive policing are already in use in some jurisdictions. These technologies can aid investigations but also carry the risk of bias or misuse. Legal frameworks will need to adapt quickly to ensure rights are upheld.
There is growing debate around the balance between privacy and public safety. As digital surveillance increases, so does the potential for overreach. Legislators and courts will need to keep pace with change to protect individual freedoms.
Digital Evidence and Criminal Law
Digital evidence is transforming the landscape of criminal law. It offers new tools for uncovering the truth, but it also introduces complex legal and ethical issues.
As digital evidence continues to reshape the landscape of criminal trials, navigating these complexities requires seasoned legal expertise. With over 25 years of experience, including a background in prosecution and a deep understanding of both sides of the courtroom, David Cole is well-equipped to provide strategic advice and robust representation.
Whether you're facing charges involving digital evidence or seeking guidance on how such evidence may impact your case, David offers confidential consultations to help you understand your rights and options. Reach out today at 0407 322 955 or (07) 5630 4000, or submit an online enquiry, to arrange a private discussion.
David represents clients across Queensland and Australia-wide, ensuring you have the support you need in this evolving legal environment.
Drink-driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in Queensland can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favourable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
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What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 20 years to the pursuit of justice. David can represent you across every state and federal court in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you in court and/or advise you at the DUI Offences Police Station.
DUI Offences Court House
136 Douglas St,
Thursday Island, QLD 4875
Phone: (07) 4212 3900
DUI Offences Police Station
160 Douglas St,
Thursday Island, QLD 4875
Phone: (07) 4069 1520
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink-driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in Queensland can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favourable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 20 years to the pursuit of justice. David can represent you across every state and federal court in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you in court and/or advise you at the DUI Offences Police Station.
DUI Offences Police Station
37 Ellenborough St,
Ipswich Qld 4305
Phone: (07) 3437 2777
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink-driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in Queensland can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favourable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 20 years to the pursuit of justice. David can represent you across every state and federal court in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you in court and/or advise you at the DUI Offences Police Station.
DUI Offences Police Station
161 Hume St,
Toowoomba Qld 4350
Phone: (07) 4631 6333
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink-driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in Queensland can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favourable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 20 years to the pursuit of justice. David can represent you across every state and federal court in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you in court and/or advise you at the DUI Offences Police Station.
DUI Offences Police Station
152 King St,
Caboolture Qld 4510
Phone: (07) 5490 0555
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink-driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in Queensland can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favourable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 20 years to the pursuit of justice. David can represent you across every state and federal court in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you in court and/or advise you at the DUI Offences Police Station.
DUI Offences Police Station
Cnr Redcliffe Parade & Klingner Rd,
Redcliffe Qld 4020
Phone: (07) 3283 0555
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink-driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in Queensland can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favourable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 20 years to the pursuit of justice. David can represent you across every state and federal court in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you in court and/or advise you at the DUI Offences Police Station.
DUI Offences Police Station
3 Kent St,
Beeneligh Qld 4207
Phone: (07) 3801 0777
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink-driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in New South Wales can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favourable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 20 years to the pursuit of justice. David can represent you across every state and federal court in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you in court and/or advise you at the DUI Offences Police Station.
DUI Offences Police Station
16 River St,
Ballina NSW 2478
Phone: (02) 6681 8699
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink-driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in New South Wales can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favourable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 20 years to the pursuit of justice. David can represent you across every state and federal court in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you in court and/or advise you at the DUI Offences Police Station.
DUI Offences Police Station
5 Zadoc St,
Lismore NSW 4570
Phone: (02) 6626 0599
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink-driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in Queensland can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favourable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 20 years to the pursuit of justice. David can represent you across every state and federal court in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you in court and/or advise you at the DUI Offences Police Station.
DUI Offences Police Station
40 Channon St,
Gympie Qld 4570
Phone: (07) 5480 1111
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink-driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in Queensland can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favourable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 20 years to the pursuit of justice. David can represent you across every state and federal court in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you in court and advise you at the DUI Offences Police Station.
DUI Offences Police Station
125 Torquay Rd,
Scarness Qld 4655
Phone: (07) 4128 5333
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in Queensland can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favourable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 20 years to the pursuit of justice. David can represent you across every state and federal court in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you in court and advise you at the DUI Offences Police Station.
DUI Offences Police Station
256 Bourbong St,
Bundaberg West QLD 4670
Phone: (07) 4153 9111
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in Queensland can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favourable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 20 years to the pursuit of justice. David can represent you across every state and federal court in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you in court and advise you at the DUI Offences Police Station.
DUI Offences Police Station
42 Bryant St,
Tully QLD 4854
Phone: (07) 4068 4000
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in Queensland can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favourable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 20 years to the pursuit of justice. David can represent you across every state and federal court in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you in court and advise you at the DUI Offences Police Station.
DUI Offences Police Station
22 Haig St,
Normanton QLD 4890
Phone: (07) 4745 2555
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in Queensland can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favourable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 20 years to the pursuit of justice. David can represent you across every state and federal court in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you in court and advise you at the DUI Offences Police Station.
DUI Offences Police Station
7 Isa St,
Mount Isa QLD 4825
Phone: (07) 4744 1111
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in Queensland can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favourable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 20 years to the pursuit of justice. David can represent you across every state and federal court in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you in court and advise you at the DUI Offences Police Station.
DUI Offences Police Station
4/6 Bow St,
Mossman QLD 4873
Phone: (07) 4061 5777
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink-driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in Queensland can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favourable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 20 years to the pursuit of justice. David can represent you across every state and federal court in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you in court and advise you at the DUI Offences Police Station.
DUI Offences Police Station
2 McGowan Dr,
Innisfail QLD 4860
Phone: (07) 4061 5777
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink-driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in Queensland can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favourable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 20 years to the pursuit of justice. David can represent you across every state and federal court in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you in court and advise you at the DUI Offences Police Station.
DUI Offences Police Station
37 Palm Terrace,
Ingham QLD 4850
Phone: (07) 4776 9777
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink-driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in Queensland can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favourable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 20 years to the pursuit of justice. David can represent you across every state and federal court in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you in court and advise you at the DUI Offences Police Station.
DUI Offences Police Station
Egerton St,
Emerald QLD 4720
Phone: (07) 4788 2555
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink-driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in Queensland can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favourable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 20 years to the pursuit of justice. David can represent you across every state and federal court in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you in court and advise you at the DUI Offences Police Station.
DUI Offences Police Station
49 Gill St,
Lissner QLD 4820
Phone: (07) 4788 2555
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in Queensland can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favorable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 20 years in the pursuit of justice. David can represent you across every state and federal courts in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you in court or advise you at the DUI Offences Police Station.
DUI Offences Police Station
25 Powell St,
Bowen QLD 4805
Phone: (07) 4720 4555
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Thank you for your enquiry today.
We will be in touch shortly.
Drink driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in Queensland can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favourable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 25 years to the pursuit of justice. David can represent you across every state and federal court in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you in court and advise you at the DUI Offences Police Station.
DUI Offences Police Station
83 Main St,
Atherton QLD 4807
Phone: (07) 4091 9800
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in Queensland can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favorable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 20 years in the pursuit of justice. David can represent you across every state and federal courts in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you in court or advise you at the DUI Offences Police Station.
DUI Offences Police Station
165 Queen St,
Ayr QLD 4807
Phone: (07) 4790 3555
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
David has the rare ability to defuse stressful situations and keep his clients grounded and focused on the matter in hand. With his previous experience as a prosecutor for Crown Law he has the knowledge and insight into how to successfully liaise with police and prosecutors alike. There would be no better barrister to have in your corner than David Cole.
David is my go to instructing Barrister he is contactable at all times proactive has empathy for my clients and he is results driven. David’s advice is first class and he goes beyond his brief to ensure my clients receive A1 service whether it is a small matter in the Magistrates Court through to complicated proceedings in the Supreme Court.
I want to thank you for your professionalism, compassion and over-all support and communication during this time. I believe you have been up-front and willing to fight for me. You have proved to be excellent with your work. I want you to know that, what you have done for me is very much appreciated.
"After seeking legal counsel via the internet, I was most fortunate to have found Mr David T. Cole, who was able to represent me on an important legal matter. The successful outcome demonstrated his first-class professionalism and correct approach to obtaining such an outcome.
I would recommend his services to anyone."
Drink driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in New South Wales can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favourable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 20 years to the pursuit of justice. David can represent you across every state and federal court in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you at DUI Offences Local Court House or advise you at the DUI Offences Police Station.
Maroochydore Magistrates Court
Cornmeal Parade,
Maroochydore QLD 4558
Phone: (07) 5470 8111
DUI Offences Police Station
13 Cornmeal Parade,
Maroochydore QLD 4558
Phone: (07) 5475 2444
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in New South Wales can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favorable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 20 years in the pursuit of justice. David can represent you across every state and federal courts in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you in court or advise you at the DUI Offences Police Station.
DUI Offences Police Station
31 Wharf Street,
Port Douglas QLD 4877
Phone: (07) 4087 1999
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in New South Wales can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favorable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 20 years in the pursuit of justice. David can represent you across every state and federal courts in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you at DUI Offences Local Court House or advise you at the DUI Offences Police Station.
DUI Offences Courthouse
1 Langura Street,
Noosa QLD 4567
Phone: (07) 5473 2200
DUI Offences Police Station
9 Langura Street,
Noosa QLD 4567
Phone: (07) 5440 8111
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in New South Wales can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favourable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 20 years to the pursuit of justice. David can represent you across every state and federal court in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you at DUI Offences Local Court House or advise you at the DUI Offences Police Station.
DUI Offences Courthouse
Middleton Street,
Byron Bay NSW 2481
Phone: (02) 6685 6585
DUI Offences Police Station
2 Shirley Street,
Byron Bay NSW 2481
Phone: (02) 6685 9499
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in Queensland can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favorable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 25 years in the pursuit of justice. David can represent you across every state and federal courts in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you at DUI Offences Local Court House or advise you at the DUI Offences Police Station.
DUI Offences Courthouse
17 Main Street,
Proserpine QLD 4800
Phone: (07) 4694 6000
DUI Offences Police Station
18 Mill Street,
Proserpine QLD 4800
Phone: (07) 4945 9666
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink-driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in Queensland can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favorable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 25 years in the pursuit of justice. David can represent you across every state and federal courts in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you at any DUI Offences Court House or advise you at any Police Station on the DUI Offences.
Maroochydore Magistrates Court
Cornmeal Parade,
Maroochydore QLD 4558
Phone: (07) 5470 8111
Caloundra Magistrates Court
Gregson Pl,
Caloundra QLD 4551
Phone: (07) 5293 4100
Noosa Magistrates Court
1 Lagura St,
Noosa Heads QLD 4567
Phone: (07) 5473 2200
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in Queensland can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favourable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drink driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 25 years in the pursuit of justice. David can represent you across every state and federal courts in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you at DUI Offences Local Court House or advise you at the DUI Offences Police Station.
DUI Offences Magirstrates Court
14 Yarroon Street,
Gladstone Central QLD 4680
Phone: (07) 4899 1200
DUI Offences Police Station
10-12 Yarroon Street,
Gladstone Central QLD 4680
Phone: (07) 4971 3222
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
bail-applications.html
Drink-driving laws are different between the Australian States and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in Queensland can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favourable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
What should you do if you are charged with drink driving in DUI Offences?
If you have been charged with a drunk driving offence in DUI Offences, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 25 years in the pursuit of justice. David can represent you across every state and federal courts in Australia, including the courthouses in DUI Offences.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you at DUI Offences Local Court House or advise you at the DUI Offences Police Station.
DUI Offences Court House
170 Richmond Street,
Mayborough QLD 4650
Phone: (07) 4190 2400
DUI Offences Police Station
176 Lennox Street,
Maryborough QLD 4650
Phone: (07) 4123 8111
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
The short answer is 'Yes'.
David Cole is a Gold Coast barrister and has represented his clients in many courthouses on the GC including:
-
Southport Courthouse.
Address: Cnr Davenport Street & Hinze Street Southport QLD 4215
-
Old Burleigh Court.
Address: 117 Old Burleigh Road Broadbeach QLD 4218
-
Coolangatta Magistrates Court.
Address: 36 Musgrave Street Coolangatta QLD 4225
David is available to appear in all State and Federal Courts across Australia whether Local, Magistrates, District or Supreme and is happy to represent clients Australia wide.
There are two different drug driving charges in QLD:
Driving while a relevant drug is present – the drug is present in the blood or saliva routinely detected by roadside drug testing. Upon conviction, your licence will be disqualified for a period of 1-9 months and you will also likely be fined up to $1,929 or a term of imprisonment up to 3 months could be imposed.
Driving under the influence of a drug is a more serious charge as the offender is usually more noticeably affected by drugs in the circumstances. Effectively this is the same offence as high range drink driving therefore increased disqualification periods and fines and the possibility of imprisonment apply.
| Offence | Licence disqualification | Maximum fine amount | Maximum term of imprisonment |
|---|---|---|---|
| First Offence | Minimum of 6 months | $3,859 | 9 months |
| Subsequent Offence | up to 2 years | $8,271 | determined by the court |
You may be eligible to apply for a work licence in Queensland.
Similar to Queensland there are two different drug driving charges. The minimum licence disqualification periods can only be obtained through a special court order.
Driving with an illicit drug present in oral fluid, blood or urine
| Offence | Licence disqualification | Automatic disqualification period | Maximum Fine amount | Maximum imprisonment |
|---|---|---|---|---|
| First offence* | 3-6 months | 6 months | $2,200 | N/A |
| Second or subsequent offence | 6 months - unlimited | 12 months | $3,300 | N/A |
|
*may be issued with a penalty notice - in this instance the fine is $572 and a 3 month licence suspension if dealt with through the penalty notice |
||||
Driving under the influence of a drug
| Offence | Licence disqualification | Automatic disqualification period | Maximum Fine amount | Maximum imprisonment |
|---|---|---|---|---|
| First offence | 12 months - unlimited | 3 years | $3,300 | 18 months |
| Second or subsequent offence | 2 years - unlimited | 5 years | $5,500 | 2 years |
If convicted, an automatic driver licence suspension applies as well as mandatory fines. Work licences are not available in NSW. Imprisonment is also a possibility in more serious cases. You may be eligible to submit a Section 10 requesting the court to not record a criminal conviction on a guilty plea. An experienced traffic lawyer will be able to assist with this.
The drug driving offences that can be charged in Victoria are again penalised in two main categories similar to the other states. If convicted, you will also be required to undertake a drug driver education program.
Exceeding Prescribed Concentration of Drugs – the oral fluid sample of the driver contains an illicit substance.
| Offence | Licence disqualification | Fine amount | Possible imprisonment | Potential conviction recorded |
|---|---|---|---|---|
| First offence - Traffic Infringement Notice | 6 months suspension | $495 | N | N |
| First offence - required to attend court | minimum 6 months cancellation | $1,982 | N | Y |
| Second drug-driving offence | minimum 12 months cancellation | $9,913 | N | Y |
| More than two drug-driving offences | minimum 12 months cancellation | $19,826 | N | Y |
Driving while impaired by drugs – determined by an impairment assessment and a blood sample and a certificate of drug effect is provided by an approved expert.
| Offence | Licence disqualification | Fine amount | Possible imprisonment | Potential conviction recorded |
|---|---|---|---|---|
| First drug-driving offence | minimum 12 months cancellation | $1,982 | N | Y |
| Second drug-driving offence | minimum 2 years cancellation | $19,826 | Y | Y |
| More than two drug-driving offences | minimum 2 years cancellation | $29,739 | Y | Y |
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
If you are charged with a drug driving offence in South Australia, mandatory licence disqualification periods apply. If you are issued with an expiration notice and you pay the fine you will be unable to appeal against the disqualification period, please seek legal advice if you need clarification and to avoid the maximum penalty as penalties in South Australia are severe.
| Driving with prescribed drug in oral fluid or blood | ||||
|---|---|---|---|---|
| Offence | Licence disqualification | Maximum Fine amount | Maximum imprisonment | Demerit points |
| First offence* | 6 months - unlimited | $1,300 | N/A | 4 |
| Second | 12 months - unlimited | $1,600 | N/A | 4 |
| Third or subsequent offence | 2 years - unlimited | $2,200 | N/A | 4 |
|
*may be issued with a expiation notice - in this instance the fine is $743, 3 months licence disqualification and 4 demerit points if dealt with through the penalty notice |
||||
| Driving under the influence of a drug | ||||
|---|---|---|---|---|
| Offence | Licence disqualification | Maximum Fine amount | Maximum imprisonment | Demerit points |
| First offence | 12 months - unlimited | $1,600 | 3 months | 6 |
| Second or subsequent offence | 3 years - unlimited | $2,900 | 6 months | 6 |
In South Australia, penalties for drug driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drug driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
If you are convicted of a drug driving charge in Western Australia there can be hefty fines and long periods of licence suspension, there is also the option of imprisonment as an alternative to a heavy fine in more serious cases. As with the other states drug diving offences in Western Australia are divided into the two main categories.
| Driving with prescribed illicit drug in oral fluid or blood | ||||
|---|---|---|---|---|
| Offence | Licence disqualification | Maximum Fine amount | Imprisonment* | Demerit points |
| First offence | N/A | $500 | N/A | 3 |
| Second or subsequent offence | 6 months - unlimited | $1,000 | N/A | N/A |
| Driving under the influence of a drug | ||||
|---|---|---|---|---|
| Offence | Licence disqualification | Maximum Fine amount | Imprisonment* | Demerit points |
| First offence | 10 months - unlimited | $2,500 | N/A | N/A |
| Second | 30 months - unlimited | $3,500 | 9 months | N/A |
| Third or subsequent offence | Life | $5,000 | 18 months | N/A |
| *can be substituted for the fine | ||||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence. There may be a defence available to you in some circumstances.
Penalties for drug driving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. Tasmania has some of the heaviest drug driving fines in the country. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion.
|
Driving with prescribed illicit drug in blood |
|||
| Offence | Licence disqualification | Maximum Fine amount | Maximum imprisonment |
|---|---|---|---|
| First offence | 3 - 12 months | $1,680 | 3 months |
| Second or subsequent offence | 6 months - 2 years | $3,360 | 6 months |
| Driving under the influence of a drug | ||||
|---|---|---|---|---|
| Offence | Licence disqualification | Maximum Fine amount | Maximum imprisonment | |
| First offence | 1 - 3 years | $5,040 | 1 year | |
| Second or subsequent offence | 2 - 6 years | $10,080 | 2 years | |
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drug driving offence, the suspension is automatically 90 days for ACT drivers. A conviction will be recorded when charged with a drug driving offence along with a fine and disqualification of your licence for a nominated period. More serious or subsequent offences attract the possibility of a period of imprisonment.
|
Prescribed drug in oral fluid or blood - driver or driver trainer |
|||
| Offence | Licence disqualification | Maximum Fine amount | Maximum imprisonment |
|---|---|---|---|
| First offence | 6 months - 3 years | $1,600 | N/A |
| Second or subsequent offence | 12 months - 5 years | $4,000 | 3 months |
| Driving under the influence of a drug | ||||
|---|---|---|---|---|
| Offence | Licence disqualification | Maximum Fine amount | Maximum imprisonment | |
| First offence | 6 months - 3 years | $4,800 | 6 months | |
| Second or subsequent offence | 12 months - 5 years | $4,800 | 12 months | |
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence so you can keep driving during specific hours or for specific purposes.
In the Northern Territory when you lose your licence on a drug driving related charge it is not possible to apply for a work or restricted licence. Drug driving offences are of two main categories similar to those in the states.
| Driving with certain drugs in body | |||
|---|---|---|---|
| Offence | Licence disqualification | Maximum Fine amount* | Maximum imprisonment |
| First offence | N/A | $785 | 3 months |
| Second | 3 months | $1,178 | 6 months |
| Third or subsequent offence | 6 months | $1,178 | 6 months |
| Driving under the influence of a drug | |||
|---|---|---|---|
| Offence | Licence disqualification | Maximum Fine amount | Maximum imprisonment |
| First offence | 6 months - unlimited | $1,570 | 1 year |
| Second or subsequent offence | 12 months - unlimited | $3,140 | 1 year |
| *an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded | |||
About David Cole - Criminal Barrister Gold Coast
David Cole is a Gold Coast Barrister providing exceptional representation, counsel, help and support to those who need legal advice or merely wish to make discrete inquiries. A highly versatile lawyer with over 25 years of legal experience, David will represent clients in any Court in any State or Territory in Australia.
If you wish to brief David or need help or advice in any of the following areas, please feel free to get in contact for a strictly private and confidential discussion by telephone on 0407 322 955.
To arrange an appointment to meet with David at his Gold Coast law office, call now on (07) 5630 4000 to book in.
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
Would highly recommend David! From the first call at 2am regarding a serious matter David was very professional, yet also caring. He took the time to explain very clearly the steps needed to be taken to achieve the best outcome. David was upfont and honest explaining the severity of the matter and the possible ramifications, yet kept everyone calm throughout the whole process.
What could have been a long, drawn out stressful process, David achieved in minimal time with no fuss.
David’s service as a legal council is excellent. He was able to get me good outcome, negotiate the charges down and liaise well with the other parties involved. Always professional he explained everything from the beginning the process and likely outcome. Was always available and if not at the time replied promptly.I strongly recommended his services if you need a legal representative to look after your best interest
Drink driving laws are different between the Australia states and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in Queensland can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favorable outcome in your case.
Enquire Online Now
What should you do if you are charged with drink driving in Mackay?
If you have been charged with a drink driving offence in Mackay, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 25 years in the pursuit of justice in both state and federal courts in Mackay and all throughout Australia.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you at Mackay Magistrates Court, Mackay District Court and Mackay Supreme Court.
Alternatively he can advise you at Mackay Police Station. We have included their locations and contact information below.
Mackay Magistrates Court
12 Brisbane Street,
Mackay QLD 4740
Phone: (07) 4889 8400
Mackay District Court
12 Brisbane Street,
Mackay QLD 4740
Phone: (07) 4889 8417
Mackay Supreme Court
12 Brisbane Street,
Mackay QLD 4740
Phone: (07) 4889 8417 or (07) 4889 8437
Mackay Police Station
57-59 Sydney St,
Mackay QLD 4740
Phone: (07) 4968 3444
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink driving laws are different between the Australia states and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) offences in New South Wales & Queensland can be severe. It's critical to have an experienced defence lawyer on your side who can achieve a favourable outcome in your case.
If convicted, an automatic licence suspension will apply as well as mandatory fines. The minimum licence disqualification periods can only be obtained through a special court order, so you'll need legal advice.
Enquire Online Now
What should you do if you are charged with drink driving in Tweed?
If you have been charged with a drink driving offence in Tweed Heads, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 25 years in the pursuit of justice in both state and federal courts in Tweed Heads and all throughout Australia.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you at Tweed Heads Local Court House or advise you at the Tweed Heads Police Station.
Tweed Heads Court House
50 -52 Recreation Street,
Tweed Heads NSW 2485
Phone: (07) 5508 5000
Tweed Heads Police Station
83 Wharf Street,
Tweed Heads NSW 2485
Phone: 07 5506 9499
To contact David to discuss your matter, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
Drink-driving laws are different between the Australian states and Territories. The process, options and penalties differ depending on where the offence took place.
The penalties for drink driving (DUI) in Queensland can be severe. It's critical to have an experienced lawyer on your side who can you get a favorable outcome in your case.
Enquire Online Now
What should you do if you are charged with drink driving?
If you have been charged with a drink driving offence in Cairns, you should seek professional legal advice from an experienced criminal lawyer immediately. This will give you the best opportunity to avoid a conviction and a possible term of imprisonment.
Some of your options will have time limits. A legal representative like David Cole will provide you with the best course of action to achieve the desired outcome.
About David Cole
David is an experienced Criminal Defence Lawyer who has devoted over 25 years in the pursuit of justice in both state and federal courts in Cairns, greater Queensland and all throughout Australia.
With a background in prosecution (Crown Law), David has a unique insight into both sides of the courtroom, making him the ideal representation for clients facing all manner of criminal charges, including Domestic Violence offences, Drug charges, DUI offences and other Traffic charges, Murder, Manslaughter, Sex crimes, white-collar crime and Robbery charges.
David is available to represent you at Cairns District Court, Cairns Magistrates Court and Cairns Supreme Court or advise you at Cairns Police Station. He is also able to represent individuals charged in Port Douglas. We have included their locations and contact information below.
Cairns District, Magistrates & Supreme Court
5D Sheridan St,
Cairns City QLD 4870
Phone: (07) 4280 6000
Cairns Police Station
5 Sheridan St,
Cairns City, 4870
Phone: (07) 4030 7000
To contact David to discuss your matter in Cairns & Far North Cairns, please phone 0407 322 955 or submit an online enquiry.
Drink Driving Offence Penalties
If convicted of a drink driving offence in Queensland, your licence will be disqualified for a minimum period of one month and you will also likely be fined. The length of disqualification will depend on the circumstances surrounding the offence. Where the reading is very high or a repeat offence you may even face the possibility of jail. There are four alcohol limits in Queensland. The presence of alcohol in your blood or breath concentration (BAC) is used to measure if you have exceeded these legal limits. The limits are used to determine the specific penalties when you are caught driving in excess of these limits.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 9 months | $1,868 | 3 months | N |
| 0.05-0.099 | 1 to 9 months | $1,868 | 3 months | N |
| 0.100-0.149 | 3 to 12 months | $2,669 | 6 months | N |
| 0.15 and over** | Minimum of 6 months | $3,736 | 9 months | Y |
| Subsequent Offence | ||||
| Any | Up to 2 years | $8,007 | Determined by the court | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In order to avoid licence disqualification in Queensland, you may be eligible to apply for a work licence or appeal a decision and seek removal of the disqualification period.
If convicted an automatic licence suspension applies as well as mandatory fines. Work Licences are not available in NSW. The minimum licence disqualification periods can only be obtained through a special court order. Imprisonment is also a possibility in more serious cases.
| Prescribed concentration of alcohol (PAC) | Licence disqualification | Automatic disqualification period | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.050-0.079 | 3 to 6 months | 6 months | $2,200 | N/A | N |
| 0.080-0.149 | 6 months to unlimited | 12 months | $2,200 | 9 months | Y |
| 0.15 and over** | 12 months to unlimited | 3 years | $3,300 | 18 months | Y |
| Subsequent offence within 5 years | |||||
| 0.001-0.049* | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.050-0.079 | 6 months to unlimited | 12 months | $3,300 | N/A | Y |
| 0.080-0.149 | 12 months to unlimited | 3 years | $3,300 | 12 months | Y |
| 0.15 and over** | 2 years to unlimited | 5 years | $5,500 | 2 years | Y |
| *applies to learner, P1 or P2 drivers **includes refusal to provide sample |
|||||
A possible way to avoid licence disqualification in NSW may be the submission of a Section 10 request for the court to not record a conviction on a guilty plea for suitable candidates.
If convicted of a drink driving offence in Victoria, there is a mandatory cancellation of your licence for set periods. A licence cancellation differs to suspension as at the conclusion of the cancellation period the driver will need to apply to get the licence back and may require a Licence Eligibility Order from the Magistrates Court. There will be a fine imposed as determined by the court. It is also a requirement in all instances that disqualified drivers complete a behaviour change program before they will be eligible to apply for another licence and all disqualified drivers will be subject to installation of an alcohol interlock on their vehicles for a period when they return to driving. For serious offences there is also the possibility of imprisonment.
| Blood/breath alcohol concentration (BAC) | Minimum licence disqualification | Minimum subsequent zero BAC requirement | Minimum period of alcohol interlock |
|---|---|---|---|
| First Offence | |||
| 0.001-0.049* | 3 months | 3 years | 6 months |
| 0.050-0.069 | 6 months | 3 years | 6 months |
| 0.050-0.069** | 3 months*** | 3 years | 6 months |
| 0.070-0.099 | 6 months | 3 years | 6 months |
| 0.100-0.149 | 10-14 months | 3 years | 6 months |
| 0.15 and over | 15-24 months | 3 years | 6 months |
| Non-BAC drink-driving offence | decided by the court | 3 years | decided by the court |
| Subsequent Offence | |||
| 0.001-0.149 | 12-18 months | 3 years | 12 months |
| 0.15 and over | 30-48 months | for period of interlock | decided by the court |
| *applies to learner, P1 or P2 drivers, full licence with a Z condition **full licence, over 26 years old and no Z condition ***if issued a traffic infringement notice 6 month minimum disqualification applies if imposed by the court |
|||
There are no work licences available in Victoria, neither are diversions an option due to the fixed penalties in relation to drink driving offences.
In South Australia you will face severe penalties if caught drink driving. If charged with high range drink driving, or a second or subsequent drink driving offence you will lose your licence on the spot. Penalties for drink driving in South Australia include heavy fines, licence disqualification, demerit points, wheel clamping, impounding or forfeiture of a vehicle and vehicle interlocks. Imprisonment is also a possibility in more serious cases.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.050-0.079 (0.001-0.079*) | 3 months | $1,100** | 4 | N |
| 0.080-0.149 | 6 months | $1,300 | 5 | Y |
| 0.15 and over*** | 12 months | $1,600 | 6 | Y |
| Second offence | ||||
| 0.050-0.079 (0.001-0.079*) | 6 months | $1,100 | 4 | N |
| 0.080-0.149 | 12 months | $1,600 | 5 | Y |
| 0.15 and over | 3 years | $2,400 | 6 | Y |
| Third or subsequent offence | ||||
| 0.050-0.079 (0.001-0.079*) | 9 months | $1,100 | 4 | N |
| 0.080-0.149 | 2 years | $2,200 | 5 | Y |
| 0.15 and over | 3 years | $2,900 | 6 | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **An expiation notice will be issued, and a fee of $743 fee is payable. If you decide to pay the fee and not challenge the offence there is no licence disqualification or conviction recorded ***includes refusal to provide sample |
||||
In South Australia penalties for drink driving include demerit points. This can complicate matters for drivers that exceed their points limit as a result of their drink driving offence, additional periods of licence suspension will be imposed. Work licences are not available in South Australia. There are limited circumstances where a reduction to the minimum disqualification period can be sought from the court.
Like many of the states, there are tough penalties for those charged with a drink driving offence in Western Australia including loss of licence, fines and even imprisonment in the most severe cases. Those committing a drink driving offence in Western Australia may also be subject to an alcohol interlock scheme, especially if it is a second or subsequent BAC offence.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points |
|---|---|---|---|
| First Offence | |||
| 0.001-0.019 | N/A | $300* | 3 |
| 0.020-0.049 | 3 months | $300 | N/A |
| 0.050-0.059 | N/A | $500* | 3 |
| 0.060-0.069 | N/A | $500* | 4 |
| 0.070-0.079 | N/A | $500* | 5 |
| 0.080-0.089 | 6 months | $1,500 | N/A |
| 0.090-0.109 | 7 months | $1,500 | N/A |
| 0.110-0.129 | 8 months | $1,500 | N/A |
| 0.130-0.149 | 9 months | $1,500 | N/A |
| 0.15 and over*** | 10 months | $2,500 | N/A |
| Second offence | |||
| 0.050-0.069 | 6 months | $1,000 | N/A |
| 0.070-0.079 | 8 months | $1,000 | N/A |
| 0.080-0.089 | 8 months | $1,500 | N/A |
| 0.090-0.109 | 10 months | $1,500 | N/A |
| 0.110-0.129 | 14 months | $2,000 | N/A |
| 0.130-0.149 | 18 months | $2,500 | N/A |
| 0.15 and over | 30 months | $3,500** | N/A |
| Third or subsequent offence | |||
| 0.050-0.069 | 8 months | $1,000 | N/A |
| 0.070-0.079 | 10 months | $1,000 | N/A |
| 0.080-0.089 | 10 months | $1,500 | N/A |
| 0.090-0.109 | 13 months | $1,500 | N/A |
| 0.110-0.129 | 17 months | $2,000 | N/A |
| 0.130-0.149 | 30 months | $3,000 | N/A |
| 0.15 and over | Life | $5,000*** | N/A |
| *An infringement notice will be issued and a lesser fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded **option of 9 months imprisonment in place of maximum fine ***option of 18 months imprisonment in place of maximum fine |
|||
In order to avoid licence disqualification in Western Australia you may be eligible to apply for an Extraordinary Drivers Licence.
Penalties for drink diving offences in Tasmania can be severe, your licence will be disqualified for a minimum period of three months and you will also be fined. The length of disqualification will depend on the circumstances surrounding the offence and imprisonment is an option that the courts can exercise at their discretion. More serious and repeat offences attract participation in the Mandatory Interlock Program.
| Blood/breath alcohol concentration (BAC) | Licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|
| First Offence | ||||
| 0.001-0.049* | 3 to 12 months | $1,680 | 3 months | N |
| 0.05-0.099 | 3 to 12 months | $1,680 | 3 months | N |
| 0.100-0.149 | 6 to 18 months | $3,360 | 6 months | N |
| 0.15 and over** | 12 to 36 months | $3,736 | 12 months | Y |
| Subsequent Offence | ||||
| 0.001-0.049* | 6 to 24 months | $1,680 | 6 months | Y |
| 0.05-0.099 | 6 to 24 months | $1,680 | 6 months | Y |
| 0.100-0.149 | 12 to 36 months | $3,360 | 12 months | Y |
| 0.15 and over** | 24 to 72 months | $3,736 | 24 months | Y |
| *applies to learner, probationary or provisional licences, and drivers of particular motor vehicles **includes refusal to provide sample |
||||
In Tasmania you may be able to apply for a Restricted Drivers Licence in certain circumstances. There is also the opportunity in certain situations to apply to the court for a reduction of the licence disqualification period.
In the ACT your licence will be immediately suspended if you commit a drink driving offence, the suspension is automatically 90 days for ACT drivers. It is likely that a conviction will be recorded when charged with a drink driving offence along with a fine and disqualification of your licence for a nominated period. Higher range offences attract the possibility of a period of imprisonment and high range and repeat offences also require participation in a mandatory alcohol interlock program.
| Prescribed concentration of alcohol (PAC) | Minimum licence disqualification | Default licence disqualification | Maximum fine amount | Maximum term of imprisonment | Subject to alcohol interlock |
|---|---|---|---|---|---|
| First Offence | |||||
| 0.001-0.049* | 1 month | 3 months | $800 | N/A | N |
| 0.050-0.079 | 2 months | 6 months | $800 | N/A | N |
| 0.080-0.149 | 3 months | 12 months | $1,600 | 6 months | N |
| 0.15 and over | 6 months | 3 years | $2,400 | 9 months | Y |
| Refuse to provide sample | 6 months | 3 years | $4,800 | 9 months | Y |
| Subsequent Offence | |||||
| 0.001-0.049* | 3 months | 12 months | $1,600 | N/A | Y |
| 0.05-0.099 | 3 months | 12 months | $1,600 | N/A | Y |
| 0.100-0.149 | 6 months | 3 years | $1,600 | 6 months | Y |
| 0.15 and over | 12 months | 5 years | $3,200 | 12 months | Y |
| Refuse to provide sample | 12 months | 5 years | $4,800 | 12 months | Y |
| * applies to learner, probationary or provisional licences, and drivers of particular motor vehicles | |||||
It is possible to apply to the court for a stay on the licence suspension notice. If convicted in the ACT, depending on the circumstances, it may be possible to apply to the court to have no criminal conviction recorded which would remove the licence disqualification period and any imposed fine. It is also possible, where an offender is eligible, to apply for a restricted licence or voluntarily participate in the Alcohol Interlock Program to be able to keep driving.
In the Northern Territory there is a mandatory licence disqualification period if convicted of a drink driving offence. Where an infringement notice is issued, and you pay the fee and do not contest the charge there will be no conviction recorded and you will keep your licence. It is not possible to apply for a work or restricted licence in the Northern Territory.
| Blood/breath alcohol concentration (BAC) | minimum licence disqualification period | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
| First Offence | ||||
| over 0.000* | 3 months | $785 | N/A | 3 months |
| over 0.000** | N/A | $785*** | 3 | 3 months |
| 0.050-0.079 | 3 months | $785*** | 3 | 3 months |
| 0.080-0.149 | 6 months | $1,178 | N/A | 6 months |
| 0.15 and over*** | 12 months | $1,570 | N/A | 12 months |
| Subsequent offence | ||||
| over 0.000* | 6 months | $785 | N/A | 6 months |
| over 0.000** | 3-6 months | $1,178*** | 3 | 6 months |
| 0.050-0.079 | 6 months | $1,178 | 3 | 6 months |
| 0.080-0.149 | 12 months | $3,140 | N/A | 12 months |
| 0.15 and over | 18 months | $3,140 | N/A | 12 months |
| *applies to under 18, learner, probationary or provisional licences or unlicensed drivers **applies to drivers of certain vehicles such as carrying dangerous goods or commercial passengers ***an infringement notice will be issued and a $400 fee is payable. If you decide to pay the fee and not challenge the charge there is no conviction recorded. |
||||
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)
Have you been charged?
In Queensland, the Police Powers and Responsibilities Act gives the police the right to obtain your fingerprints or DNA under certain circumstances.
If you refuse to cooperate, the police are allowed to use reasonable force to obtain them.
The police can take your fingerprints and DNA when you have been charged with an offence which carries a maximum penalty of one year’s imprisonment or more.
The police can also take a person’s fingerprints and/or DNA if a court has made an order that they may do so (Section 471). If this occurs, the police may detain the person in order to obtain their fingerprints or DNA.
If there are no charges laid against you, the police are obligated to destroy your fingerprints (usually within 6 months time.)
David has provided exceptional services in relation to a criminal tax matter. He has always been available, provided sound advice. Moreover, his fees are very reasonable. I cannot recommend David highly enough and am happy to be contacted for a reference.
I had David support me on very short notice for a fairly serious court appearance. David knuckled down night and day to get it sorted. Very professional and David got me an outstanding outcome.
I very highly recommend David.
David has a history of rigorous preparation spanning decades. He has patiently volunteered his time to further my craft as a junior wishing to be admitted to the Bar. David's military planning and practice awareness separates him as a Court-advocate.
I would highly recommend David to anyone who desires proper engagement and great results.
Intelligent, professional, stoic. Words I would use to describe David Cole. He acted with extreme professionalism and sensitivity on a very private matter of mine and got me the best outcome I could’ve asked for.
Thank you so much, David!
Thank you David, for your recent assistance and representation in Court. You certainly helped make the whole process less stressful and achieved a good outcome. We highly recommend your services -Thanks again
s5(1) A person who carries on the business of unlawfully trafficking in a dangerous drug is guilty of a crime.
Maximum penalty—25 years imprisonment.
Where there is evidence that an individual has engaged in an organised business of supplying drugs illegally, the most serious of drug charges, trafficking in dangerous drugs, can be made against the offender. To prove the offence has been committed, there must be evidence of commercial activity. Repetition of transactions, making financial gains, communication and promotion to potential buyers and negotiations for further outlets may be considered as evidence of the commercial nature of an activity.
Penalties for drug trafficking offences depend on the type of drug, the quantity and the circumstances surrounding the offence. The maximum penalty that can be imposed for trafficking of a Schedule 1 Drug is 25 years imprisonment and 20 years for a Schedule 2 Drug. As your legal representative, David will scrutinise the circumstances surrounding the alleged commercial connotation and whether this most serious offence can be adequately proved.
David was engaged to assist me in preparation and representation for my day in court. Whilst working with David I found him to be very knowledgeable and understanding, he was able to articulate the matters I was dealing with in language I could understand, to make sure I was aware of my rights and responsibilities.
Upon engaging David, I was presented a comprehensive set of instructions and work for me to ensure I was properly prepared for my day in court.
David was a pleasure to deal with, he showed me the steps I needed to take leading up to court and guided me during the process. I was contacted regularly by David to check in with me and see how I was going, to ensure I stayed calm during the turbulent and stressful situation I was facing. I felt his genuine interest in my case and his genuine commitment to ensuring a fair outcome.
I cannot speak highly enough of him. It was a pleasure working with David, I would recommend him to anybody looking for help with their legal matters.
David Cole is to be commended for his assistance and guidance over our recent matter, and can highly recommend his services. His understanding of the subject matter was 2nd to none.
David has recently represented me and I have found him to be absolutely brilliant. He was very patient, understanding, and precise in his legal explanations along with my options. I have no hesitation in recommending David to anyone needing top notch legal representation.
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It is an offence to carry a knife in a public place or school unless you have a reasonable excuse. Common lawful reasons may include use for work, participation in a sporting activity, or cultural purposes.
This offence can apply even if the knife was not used or brandished, possession alone can be sufficient to be charged.
Maximum Penalty for Possession of a Knife in Public
The maximum penalty is 1 year imprisonment.
The words Barrister and lawyer are often used interchangeably. However, there is actually a big difference between the two. Specifically, Barristers are lawyers who specialise in advocacy which is otherwise known as legal representation in court.
A Barrister is a specific type of lawyer. Lawyers / Solicitors can only become a Barrister if they decide to take and pass the ‘Bar’ examination in the state that they wish to operate.
Important Note: In Australia, people use the term ‘Lawyer’ as a broader umbrella term which includes everyone who has been admitted to the legal profession including Barristers, Solicitors and/or Judges.
The Police will only be able to take you to the Police Station for questioning if you are under arrest. It is important to be aware that you are not required to participate in interviews with the police.
You should exercise your right to remain silent and contact a Criminal Lawyer or Criminal Barrister to obtain legal advice.