Drink Driving Charges in Australia: Licence Suspensions, Fines, and Court Options

Drink driving charges in Australia carry heavy fines, strict licence suspensions, and possible jail time, with penalties increasing based on your blood alcohol concentration (BAC), prior offences, and the state or territory where you are charged. Every person charged must attend court, where a magistrate decides the exact penalty, but in most jurisdictions you face at least a disqualification period, a fine, and often an alcohol‑interlock program even for a first offence.

Legal Limits and Offence Categories

In all Australian states and territories, the general BAC limit for fully licensed drivers is 0.05, with a zero‑tolerance limit (0.00) for learner, provisional, and certain professional drivers such as heavy vehicle and public transport operators. Offences are usually categorised into low, mid, and high‑range, such as:​

• Low range: about 0.05 to 0.079

• Mid range: about 0.08 to 0.149

• High range: 0.15 and above, often treated as a serious offence with potential jail.​

Some states also have specific “novice” or “special” range offences for drivers who must remain at 0.00.​

Licence Suspensions and Disqualifications

If you are caught over the legal limit, you will normally face an immediate licence suspension by police, followed by a court‑ordered disqualification. For example, in New South Wales, even a first low‑range offence can mean an immediate suspension and a minimum three‑month disqualification, while mid‑ and high‑range offences carry minimum disqualifications of 6–18 months and potentially much longer, especially for repeat offenders.​

In Queensland, disqualification periods range from 1–9 months for a first offence at 0.05–0.099, up to a minimum of 6 months and potentially 2 years or more for high‑range or repeat offences. Many states also require you to hold a 0.00 BAC licence for a number of years after getting your licence back, and you may need to fit an alcohol interlock device in your vehicle.​

Fines, Interlocks, and Other Penalties

Drink driving almost always results in a substantial fine, which increases with BAC and prior history. In Queensland, maximum fines for first offences can exceed AUD 2,300 for lower‑range and increase above AUD 4,600 for high‑range BAC, while repeat offenders can face fines up to AUD 10,000 and potential imprisonment.​

In Victoria and New South Wales, typical penalties for offenders include:​

• A heavy court‑imposed fine.

• Mandatory participation in a drink‑driver behaviour change or education program.

• Mandatory alcohol interlock installation for a set period.

• A requirement to drive only with 0.00 BAC for several years after restoration.

Courts can also order vehicle impoundment or plate confiscation for serious or repeat drink driving, especially when BAC is high or the driver refuses a breath or blood test.​

Court Process and Your Options

Being charged with drink driving almost always requires you to appear in the Magistrates’ Court (or equivalent) in the state or territory where the offence occurred. At court, you will generally have these options:​

• Plead guilty: The most common option where the evidence is strong; you can present submissions about your circumstances, need for a licence, and steps taken (e.g. counselling).

• Seek a restricted or work licence (where available): In some jurisdictions (for example Queensland) first‑time low‑range offenders may apply for a restricted/work licence allowing driving for employment only, but strict criteria apply.​

• Plead not guilty: If you dispute the offence (for example, contesting the BAC reading or whether you were “in charge” of the vehicle), the matter will be listed for a contested hearing, often requiring legal representation.

The magistrate considers factors like your BAC, prior traffic record, any crash or injury, your cooperation with police, and evidence of rehabilitation when setting penalties.​

Aggravating Factors and Jail Risk

High‑range drink driving, combined alcohol and drug driving, repeat offences within a short period, and crashes causing injury or property damage can significantly increase the chances of a jail sentence. For example, in NSW, maximum prison terms for mid‑ to high‑range offences can be 9 to 24 months, with higher penalties for second or subsequent offences and for combined drug and alcohol offences.​

Refusing a breath or blood test when lawfully required is usually treated as seriously as high‑range drink driving and can attract similar maximum penalties, including lengthy disqualifications and possible imprisonment.​

Long-Term Consequences

Beyond the immediate penalties, a drink driving conviction can have long‑lasting impacts:

• A criminal or traffic record that can affect employment and international travel.

• Higher car insurance premiums or difficulty obtaining insurance.

• Ongoing costs for interlock devices, courses, and re‑licensing.​

In several states, repeat serious offenders may face vehicle forfeiture, extended interlock periods, and a presumption against re‑licensing for years.​

Where to Get Help and More Information

For up‑to‑date, state‑specific information on drink driving penalties, licence suspensions, and court processes, it is important to check official government resources for the state or territory where the offence occurred, for example:

• Queensland Government – Being charged with drink driving: https://www.qld.gov.au/transport/safety/road-safety/drink-driving/charged​

• NSW Government – Drink and drug driving penalties: https://www.nsw.gov.au/driving-boating-and-transport/demerits-penalties-and-offences/offences/alcohol-and-drug-offences/drink-and-drug-driving-penalties​

• RACV – Drink driving laws and penalties in Victoria (summary guide): https://www.racv.com.au/royalauto/transport/vic-road-rule-guides/changes-to-drink-driving-laws-and-penalties.html​

These sites explain current penalty ranges, interlock rules, and eligibility for special licences, and often suggest contacting a traffic or criminal lawyer for personalised advice.