Drink Driving Penalties
Penalties for Drink Driving are varied and complex. We supply the following table to give you an idea of the types of drink driving penalties that may apply to you if you have been arrested for any of the drink driving offences.
Drink Driving Penalties – Types
Drink driving penalties attract fines (and/or imprisonment periods) and disqualification from driving periods. Most offences carry an automatic disqualification period (“ADP”), and some also carry a minimum disqualification period (“MDP”). The automatic disqualification period (ADP) may in certain circumstances be reduced, or increased, by the Court, but there is no discretion in relation to the minimum disqualification periods (MDP).
The table below cites the type of drink driving offence, and whether it is your first or a subsequent offence (within a five year period) – as different penalties apply to each category. It refers to maximum fines and maximum periods of imprisonment that may apply.
Drink Driving Penalties – Table
| OFFENCE | FIRST OFFENCE (Within 5 years) | SUBSEQUENT OFFENCE (Previously convicted of offence within 5 years) | ||
| High Range PCA 0.15 and over | Fine: $3,300 Imprisonment: 18 mths | ADP: 3 yrs MDP: 12 mths | Fine: $5,500 Imprisonment: 2 yrs | ADP: 5 yrs MDP: 2 yrs |
| Middle Range PCA 0.08 – under 0.15 | Fine: $2,200 Imprisonment: 9 mths | ADP: 12 mths MDP: 6 mths | Fine: $3,300 Imprisonment: 12 mths | ADP: 3 yrs MDP: 12 mths |
| Low Range PCA 0.05 – under 0.08 | Fine: $2,200 (or on penalty notice $572 with immediate licence suspension) | ADP: 6 mths MDP: 3 mths | Fine: $3,300 | ADP: 12 mths MDP: 6 mths |
| Special Range PCA 0.02 – under 0.05 | Fine: $2,200 (or on penalty notice $572 with immediate licence suspension) | ADP: 6 mths MDP: 3 mths | Fine: $3,300 | ADP: 12 mths MDP: 6 mths |
| Novice Range PCA 0.00 – under 0.02 | Fine: $2,200 (or on penalty notice $572 with immediate licence suspension) | ADP: 6 mths MDP: 3 mths | Fine: $2,200 | ADP: 12 mths MDP: 6 mths |
| Driving under the Influence | Fine: $3,300 Imprisonment: 18 mths | ADP: 3 yrs MDP: 12 mths | Fine: $5,500 Imprisonment: 2 yrs | ADP: 5 yrs MDP: 2 yrs |
| Refuse or Fail to Submit to Breath Test | Fine: $1,100 | No ADP or MDP. Court may disqualify as it sees fit. | There is no designated First or Subsequent Offence so the same penalties apply – i.e. Fine $1,100 | No ADP or MDP. Court may disqualify as it sees fit. |
| Refuse or Fail to Submit to Breath Analysis | Fine: $3,300 | ADP: 3 yrs MDP: 12 mths | Fine: $5,500 Imprisonment: 18 mths | ADP: 5 yrs MDP: 2 years |
| Refuse or Fail to Submit to the Taking of a Blood Sample | Fine: $3,300 | ADP: 3 yrs MDP: 12 mths | Fine: $5,500 Imprisonment: 18 mths | ADP: 5 yrs MDP: 2 years |
| Wilful Alteration of Concentration or Amount of Alcohol in Breath or Blood | Fine: $3,300 | ADP: 3 yrs MDP: 6 mths | Fine: $5,500 | ADP: 5 yrs MDP: 12 mths |
Several of these offences also result in an immediate suspension of your driver’s licence – High Range PCA, Middle Range PCA, Low Range PCA, Special Range PCA, Refuse or Fail to Submit to Breath Analysis, Refuse or Fail to Submit to the taking of a Blood Sample, or to Wilfully do anything to Alter the Concentration of Alcohol present in the breath or blood.
As you can see, drink driving penalties are complex and with potentially very serious impacts on your life. If you have been charged with a drink driving offence, it would be in your interests to seek legal representation to ensure the best possible outcome when you attend Court.
