Drink driving & the law
What is the Legal Blood Alcohol Limit?
0.049 BAC (Blood Alcohol Concentration) and below is considered the legal limit for most drivers.
Learners, provisional, probationary, unlicensed, disqualified, truck, bus and taxi drivers must drive with a zero blood alcohol concentration.
What can I be charged with?
There are three drink-driving offences as detailed in The Road Traffic Act 1961 which you can be charged with.
- DUI(Driving under the influence of alcohol and drugs)
- PCA(driving with a prescribed concentration of alcohol)
- Refusing a breath test(refusing to comply with directions in relation to a breath test)
Driving under the Influence (DUI)
A person who drives, or attempts to drive a vehicle while so much under the influence of alcohol (or any other drug) as to be incapable of effectively controlling the vehicle is guilty of the offence of driving under the influence.
You can be charged with DUI even if under the legal limit of 0.050.
DUI is not the same as driving with the prescribed concentration of alcohol (PCA) and it is possible to be convicted of driving under the influence of alcohol even if the blood alcohol level is less than 0.050. It is possible to be convicted of driving under the influence with a blood alcohol level of 0.040. For the purposes of this offence, a person is deemed to be incapable of exercising effective control of a vehicle if any physical or mental faculty is lost or appreciably impaired.
| Offence | Fine | Licence Disqualification | Demerit Points |
|---|---|---|---|
| First | $500-$1200 or imprisonment for no more than 3 months | Yes, of not less than 12 months | 6 incurred |
| Subsequent | $700-$2500 or imprisonment for no more than 6 months | Yes, of not less than 3 years | 6 incurred |
Driving with a Prescribed Concentration of Alcohol (PCA)
A person who drives or attempts to drive a motor vehicle whilst there is more than the prescribed concentration of alcohol in their blood is guilty of the offence of exceeding prescribed concentration of alcohol.
The Prescribed Concentration of Alcohol (PCA) for holders of an unconditional licence is 0.050 Blood Alcohol Concentration (BAC). Learner, provisional, probationary, unlicensed, disqualified, truck, bus and taxi drivers must drive with a zero blood alcohol concentration.
| Offence | BAC | Fine | Licence Disqualification | Demerit Points |
|---|---|---|---|---|
| First | 0.050-0.079 | Up to $700 ‘on the spot’ $440 | Not mandatory | 4 incurred |
| 0.080-0.149 | $500-$900 | Automatic of not less than 6 months | 5 incurred | |
| 0.150 or Over | $700 - $1200 | Automatic of not less than 12 months | 6 incurred |
| Offence | BAC | Fine | Licence Disqualification | Demerit Points |
|---|---|---|---|---|
| Second | 0.050-0.079 | Up to $700 ‘on the spot’ $440 | Automatic of not less than 3 months | 4 incurred |
| 0.080-0.149 | $700-$1200 | Automatic of not less than 12 months | 5 incurred | |
| 0.150 or Over | $1200-$2000 | Automatic of not less than 3 years | 6 incurred |
| Offence | BAC | Fine | Licence Disqualification | Demerit Points |
|---|---|---|---|---|
| Third & Subsequent | 0.050-0.079 | Up to $700 ‘on the spot’ $440 | Automatic of not less than 6 months | 4 incurred |
| 0.080-0.149 | $1100-$1800 | Automatic of not less than 2 years | 5 incurred | |
| 0.150 or Over | $1500-$2500 | Automatic of not less than 3 years | 6 incurred |
What happens if I refuse a breath test?
It is an offence to refuse to exhale into a breath testing apparatus used for an alcotest or breath analysis when directed to do so by police.
The police may stop and test any driver of a motor vehicle that approaches a driver testing station. They also have the ability to stop and breath test any person who they reasonably believe has:
- driven; or
- attempted to put a motor vehicle in motion: or
- acted as a Qualified Supervised Driver for a holder of a permit or licence.
| Offence | Fine | Licence Disqualification | Demerit Points |
|---|---|---|---|
| First | $700-$1200 | Automatic of not less than 12 months | 6 incurred |
| Subsequent | $1500-$2500 | Automatic of not less than 3 years | 6 incurred |