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: $1,100 ADP: 6 mths
MDP: 3 mths
Fine: $2,200 ADP: 12 mths
MDP: 6 mths
Special Range PCA
0.02  – under 0.05
Fine: $1,100 ADP: 6 mths
MDP: 3 mths
Fine: $2,200 ADP: 12 mths
MDP: 6 mths
Novice Range PCA
0.00 – under 0.02
Fine: $1,100 ADP: 6 mths
MDP: 3 mths
Fine: $2,200 ADP: 12 mths
MDP: 6 mths
Driving under the Influence Fine: $2,200 Imprisonment: 9 mths ADP: 12 mths
MDP: 6 mths
Fine: $3,300
Imprisonment: 12 mths
ADP: 3 yrs
MDP: 12 mths
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 Imprisonment: 18 mths ADP: 3 yrs
MDP: 12 mths
Fine: $5,500
Imprisonment: 2 yrs
ADP: 5 yrs
MDP: 2 years
Refuse or Fail to Submit to the Taking of a Blood Sample Fine: $3,300 Imprisonment: 18 mths ADP: 3 yrs
MDP: 12 mths
Fine: $5,500
Imprisonment: 2 yrs
ADP: 5 yrs
MDP: 2 years
Wilful Alteration of Concentration or Amount of Alcohol in Breath or Blood Fine: $3,300 Imprisonment: 18 mths ADP: 3 yrs
MDP: 12 mths
Fine: $5,500
Imprisonment: 2 yrs
ADP: 5 yrs
MDP: 2 years

Several of these offences also result in an immediate suspension of your driver’s licence – High Range PCA, Middle 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.

 

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