Drink driving & the law
Drink driving is an offence. The legal blood alcohol concentration (BAC) for most drivers is 0.04. 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 ofzero.
There are 3 different drink driving offences which you could be charged with:
- 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. - 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. - 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.
DUI Penalties
| Offence | Fine | Licence Disqualification | Demerit Points |
|---|---|---|---|
| First | $1100-$1600 or imprisonment for no more than 3 months | Yes, of not less than 12 months | 6 incurred |
| Subsequent | $1900-$2900 or imprisonment for no more than 6 months | Yes, of not less than 3 years | 6 incurred |
PCA Penalties
| Offence | BAC | Fine | Licence Disqualification | Demerit Points |
|---|---|---|---|---|
| First | 0.050-0.079 | $1100 Expiation Fee $515 +$60 | Automatic of not less than 3 months for Court imposed fine No loss of Licence for first offence on issue of Expiation Notice | 4 incurred |
| 0.080-0.149 | $900-$1300 | Automatic of not less than 6 months | 5 incurred | |
| 0.150 or Over | $1100 - $1600 | Automatic of not less than 12 months | 6 incurred |
| Offence | BAC | Fine | Licence Disqualification | Demerit Points |
|---|---|---|---|---|
| Second | 0.050-0.079 | $1100 | Automatic of not less than 3 months | 4 incurred |
| 0.080-0.149 | $1100-$1600 | Automatic of not less than 12 months | 5 incurred | |
| 0.150 or Over | $1600-$2400 | Automatic of not less than 3 years | 6 incurred |
| Offence | BAC | Fine | Licence Disqualification | Demerit Points |
|---|---|---|---|---|
| Third & Subsequent | 0.050-0.079 | $1100 | Automatic of not less than 6 months | 4 incurred |
| 0.080-0.149 | $1200-$2200 | Automatic of not less than 2 years | 5 incurred | |
| 0.150 or Over | $1900-$2900 | Automatic of not less than 3 years | 6 incurred |
Refusal of Breath test?
| Offence | Fine | Licence Disqualification | Demerit Points |
|---|---|---|---|
| First | $1100-$1600 | Automatic of not less than 12 months | 6 incurred |
| Subsequent | $1900-$2900 | Automatic of not less than 3 years | 6 incurred |
Mandatory Alcohol Interlock Scheme
Any driver who is caught:
- driving with a Blood Alcohol Concentration (BAC) at or above 0.15
- driving with a BAC at or above 0.08 and has been caught in the last five years
- 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.