Drink Driving & The Law

Drink driving is an offence. The legal blood alcohol concentration (BAC) for for a fully licensed driver is under 0.05. It is an offence to drive a vehicle if your BAC is 0.05 or over.

Learner drivers, drivers on P Plates or those who drive a taxi, bus or truck must have a BAC of zero.

There are 3 different drink driving offences which you could be charged with:

1. DUI Driving under the influence of alcohol and drugs

You may be charged with DUI if you are incapable of effectively controlling the vehicle which you are driving. Alcohol affects everyone differently so you can be charged with DUI even if you're under 0.05. If you are not in control, you are not only endangering yourself, but everyone else on the road.

2. PCA Driving with a prescribed concentration of alcohol (PCA)

If you attempt to drive a vehicle when you have more than the prescribed concentration of alcohol - 0.05 - in your system you will be guilty of the offence of exceeding the PCA.

3. Refusing a breath test Refusing to comply with directions in relation to breath testing

It is an offence to refuse a breath test. The days of just worrying about the booze buses are over. Every police car and bike has breathalysers and the police have the right to stop and test drivers any where, at any time.

Mandatory Alcohol Interlock Scheme

Any driver who is caught:

  • driving with a Blood Alcohol Concentration (BAC) at or above 0.15
  • a second or subsequent offence, within a period of 5 years, of driving with a (BAC) at or above 0.08
  • driving under the influence of an intoxicating liquor or
  • refusing a breath test

will be required by law to have an alcohol Interlock (small breath-testing device) fitted to their vehicle at the end of their license disqualification. The car won't start unless the driver returns a BAC breath test reading of zero and the device will require the driver to intermittently pull over and provide a another reading during their journey.

It is an offence pursuant to Section 81H(2) of the Motor Vehicles Act to assist anyone subject to alcohol interlock conditions to operate a motor vehicle.

For further information log on to the Department for Transport, Energy and Infrastructure website.