Drink and drive is one of the most common causes of traffic accidents in Australia. Drink driving is treated as a serious crime in Australia, and anyone found operating a vehicle over the set speed limit could face penalties like license cancellation, disqualification or suspension, fine or imprisonment, for a variety of serious drink driving offenses.
The legal blood alcohol content (BAC) level for drivers in all states in Australia is 0.05. Probationary drivers, learners, and experienced drivers should drive their vehicles only with a zero BAC. Any other person who is accompanying a learner driver should not be above 0.05 BAC. Remember that, it is a crime to refuse a breathalyser test for alcohol or medicine if the police request it on the spot.
We have gathered the overall penalties for someone driving over the limit in Australia (state-wise) so that you know the types of penalties that will be imposed in different states –
Queensland
The state has four alcohol limits based on which the penalty is decided –
- BAC less than 0.05 – no alcohol limit – $1,594 fine/ 9 months of license disqualification / 3 months of imprisonment.
- BAC 0.05 – 0.09 – general alcohol limit – $1,594 fine/ 9 months of license disqualification / 3 months of imprisonment.
- BAC 0.10 – 0.149 – middle alcohol limit – $2,227 fine/ 12 months of license disqualification / 6 months of imprisonment.
- BAC above 0.15 – high alcohol limit – $3,188 fine/ minimum 6 months license disqualification or Magistrate’s decision/ 9 months of imprisonment.
NSW
NSW has five categories based on which penalties are decided –
- BAC 0.00 – 0.019 – novice range – $2,200 fine/ 6 months license disqualification.
- BAC 0.02 – 0.049 – special range – $2,200 fine/ 6 months license disqualification.
- BAC 0.05 – 0.079 – low range – $2,200 fine/ 6 months license disqualification.
- BAC 0.08 – 0.149 – middle range – $2,200 fine/ minimum 6 months license disqualification or unlimited/ 9 months of imprisonment.
- BAC above 0.15 – high range – $3,300 fine/ minimum 18 months license disqualification or unlimited/ 2 years of imprisonment.
Victoria
- BAC less than 0.05 (probationary and learner drivers) – $352 fine/ 10 demerit points.
- BAC 0.05 – 0.069 (probationary and learner drivers) – $422 fine/ 6 months license disqualification.
- BAC 0.05 – 0.069 (full license holder above 26 years of age) – $422 fine/ 10 demerit points.
- BAC 0.07 – 0.149 – $599 fine/ 14 months license disqualification.
- BAC above 0.15 – Fine charge based on Magistrate’s decision / 48 months license disqualification.
- Driving under the influence – $2,800 fine/ unlimited or minimum 24 months of license disqualification/ 3 months of imprisonment.
Western Australia
There are a total of 10 categories in Western Australia based on which penalties and imprisonment is decided –
- BAC less than 0.02 (probationary and learner drivers) – $300 fine/ 3 demerit points.
- BAC 0.02 – 0.049 (probationary and learner drivers) – $300 fine/ 3 months license disqualification.
- BAC 0.05 – 0.059 – $500 fine/ 3 demerit points.
- BAC 0.06 – 0.069 – $500 fine/ 4 demerit points.
- BAC 0.07- 0.079 – $500 fine/ 5 demerit points.
- BAC 0.08 – 0.089 – $1,500 fine/ 6 months license disqualification.
- BAC 0.09 – 0.109 – $1,500 fine/ 7 months license disqualification.
- BAC 0.11 – 0.129 – $1,500 fine/ 8 months license disqualification.
- BAC 0.13 – 0.149 – $1,500 fine/ 9 months license disqualification.
- BAC above 0.15 – $2,500 fine/ 10 months license disqualification.
Australian laws constantly change, thus the penalties stated above may also change with time. Always check with your local law enforcement body for the most updated information.