Drink and Drug Driving

Driving under the influence of drugs or alcohol.

Drink Driving

Alcohol impairs a person’s ability to control a vehicle. Research suggests that at a blood alcohol concentration level of 0.05, the risk of being involved in a traffic crash is double that of a person who has not been drinking at all.

If you have a full unrestricted licence your blood alcohol level reading must be below 0.05 if you want to drive.

If you are a learner (L Plate) driver or provisional (P Plate) driver you must have a 0.00 blood alcohol reading.

You can be asked to do a breath test by police at any time you are driving, or police reasonably suspect you have been driving. Generally failing to, or refusing to provide a sample is an offence. If you are incapable of providing a breath sample because of your physical condition, police may ask you to provide a blood sample instead if appropriate.

You may only refuse to do a test if you are deemed incapable of providing any sample (eg. you have a medical condition which prevents you from doing the test, or you are injured or passed out and cannot give a sample), or if more than 4 hours has passed since the time that you are believed to have driven the motor vehicle.

If you believe your result is incorrect you should seek legal advice as to how to challenge your test.

If you show a higher reading than the legal blood alcohol level you will be charged with an offence, fined and a conviction recorded. As a punishment, your licence will be disqualified for a period of time. If you are a learner or provisional driver who has had their licence disqualified, you may have your licence cancelled, and you will have to begin your learner or provisional stage (i.e. P1, P2) again after the disqualification period.

Drug Driving

If you are found to be driving under the influence of drugs you may convicted of an offence which will result in you receiving a fine and having your licence suspended.

As with drink driving, if police suspect that you have been driving under the influence of drugs, they can request that you undergo an assessment of drug impairment. Usually this is done by way of an oral fluid test. Generally, failure or refusal to do the test is an offence.

If you are incapable of providing a sample of oral fluid because of your physical condition, police can request you to do a blood sample instead.

You may only refuse to do the test if you are medically incapable of providing any sample, or if more than 4 hours has passed since the time that you are believed to have driven the motor vehicle.

If you believe your result is incorrect you should seek legal advice as to how to challenge your test.

Differences between states

Northern Territory

If you exceed the legal blood alcohol level or drive while under the influence of drugs in the Northern Territory, you could receive a significant fine or jail time, as could be disqualified from driving.

If you drive whilst disqualified, you are likely to receive a term of imprisonment.

In the Northern Territory it is an offence to refuse or fail to partake in a breath test.

Police also have to power to immediately suspend your licence if you:

fail to provide police with a sample of breath or blood when requested,
have been charged with a second or subsequent low-range drink driving offence,
have been charged with a second or subsequent mid-range drink driving offence,
have been charged with a high-range drink driving offence,
have been charged with a second or subsequent offence for dangerous operation of a motor vehicle while under the influence, or
have been charged with a second or subsequent drink driving offence and are a driver instructor, the holder of a licence or a driver of a vehicle to whom a zero blood or breath alcohol concentration applies.

Learner and Provisional Drivers

If you are a learner or provisional driver (on your L or P plates), you must have a blood alcohol reading of 0.00%.

Fully Licensed Drivers

If you are a full licence holder then the penalties will be different depending on whether you have a blood alcohol reading that is low (between 0.05% and 0.079%), medium (0.08% and 0.149%), or high (more than 0.15%), and on whether it is a first offence or not.

You can contact the Northern Territory Legal Aid Commission on 1800 019 343 for further advice and information.

If you are Indigenous or Torres Strait Islander you can also contact the Central Australian Aboriginal Legal Aid Service on 1800 636 079 or the Northern Australian Aboriginal Justice Agency on 1800 898 251.

ACT

If you exceed the legal blood alcohol level or drive while under the influence of drugs in the Australian Capital Territory, you could receive a significant fine or jail time, as could be disqualified from driving.

In the ACT you could also be ordered to attend a drug and alcohol program, and may be required to have an alcohol ignition lock fitted in your car.

In the ACT it is an offence to refuse or fail to partake in a breath test.

Learner and Provisional Drivers

If you are a learner or provisional driver (on your L or P plates), you must have a blood alcohol reading of 0.00%.

Fully Licensed Drivers

If you are a full licence holder then the penalties will be different depending on whether you have a blood alcohol reading that is level 1 (less than 0.05%), level 2 (between 0.05% and 0.08%), level 3 (between 0.08% and 0.15%), or level 4 (above 0.15%), and on whether it is a first offence or not.

For information contact Legal Aid ACT. If you are Aboriginal or Torres Strait Islander you can contact the Aboriginal Legal Service.

Western Australia

If you exceed the legal blood alcohol level or drive while under the influence of drugs in Western Australia, you could receive a significant fine or jail time, as could be disqualified from driving.

In WA you could also be ordered to attend a drug and alcohol program, and may be required to have an alcohol ignition lock fitted in your car.

In WA it is an offence to refuse or fail to partake in a breath test.

Learner and Provisional Drivers

If you are a learner or provisional driver (on your L or P plates), you must have a blood alcohol reading of 0.00%.

If you are found to have any alcohol in your system, your licence is automatically disqualified and cancelled.

Fully Licensed Drivers

If you are a full licence holder then the penalties will be different depending on what level your blood alcohol reading is, and on whether it is a first offence or not.

Your licence could be disqualified through suspension, and you will have to pay a fine and lose demerit points. In some circumstances you could end up having to go to jail. You could also be ordered to attend a drug and alcohol program, and have to have an alcohol ignition lock fitted to your car.

Victoria

If you exceed the legal blood alcohol level or drive while under the influence of drugs in Victoria, you could receive a significant fine or jail time, as well as being disqualified from driving.

The penalties for drink driving will be different depending on whether you are a novice (learner or provisional driver), or a fully licenced driver. The penalty you receive will also depend on what level of blood alcohol content you have, and whether it is your first offence or a subsequent offence.

Police also have to power to immediately suspend your licence for some drink driving offences, and to impound your car.

If you hold a Victorian drivers licence and get caught drink driving in another state, the same rules apply as if you were caught in Victoria.

It is also an offence to refuse to provide a breath test.

Learner and Provisional Drivers

If you are a learner or provisional driver you must have a 0.00% blood alcohol reading.

If you were on a Learner’s Permit or a P1 or P2 license, and it is your first offence being caught with any alcohol in your system, you will receive a fine and be required to complete a Drink Driver Behaviour Change Program. You will be disqualified from driving for a minimum of three months and will be required to use an alcohol interlock for at least six months. You will also be subject to a zero blood alcohol content requirement for a minimum of three years.

More serious penalties such as longer disqualification periods, high fines, and terms of imprisonment apply if you have been caught drink driving in the past, or if you have caused an accident while driving with alcohol in your system.

Fully Licensed Drivers

If it is your first offence being caught with any alcohol in your system, you will receive a fine and be required to complete a Drink Driver Behaviour Change Program. You will be disqualified from driving for a minimum of three months and will be required to use an alcohol interlock for at least six months. You will also be subject to a zero blood alcohol content requirement for a minimum of three years.

You will need to go to court if you have caused an accident while you were driving with alcohol in your system, and may have to serve jail time.

You can find more information about penalties for drink driving on the VicRoads website.

If you need legal advice or referrals you can contact the following:

Tasmania

If you exceed the legal blood alcohol level or drive while under the influence of drugs in Tasmania, you could receive a significant fine or jail time, as well as being disqualified from driving.

The penalties for drink driving will be different depending on what level your alcohol reading is, and whether it is your first or subsequent offence.

The penalties you can receive are a licence disqualification, a fine, a loss of demerit points or a term of imprisonment. You could also be ordered to attend a drug and alcohol program, and be required to have an alcohol ignition lock fitted to your car.

Police have the power to immediately suspend your licence, or the issue you with an on-the-spot fine if you are caught drink driving.

Police can ask you to undergo a random breath test at any time, and refusing a breath test is an offence – your licence will be cancelled, and you’ll be disqualified from driving for up to two years.

Learner and Provisional Drivers

Learner and provisional drivers must have a blood alcohol reading of 0.00%.

If you have a learners licence or have had a provisional licence for less than twelve months and you commit a drink driving offence, you will be required to take a drink driving course before you are allowed to re-apply for your licence.

Fully Licensed Drivers

If you show a higher reading than 0.05% with a full licence, the mandatory minimum punishment is 3 months suspension of your license and a large fine, both becoming more severe the higher the reading is and whether or not you have any prior drink driving offences.

You can be fined up to $3000 and you can be disqualified for up to three years. If you cause an accident while driving over the limit, you will have to attend court, and can be given jail time.

If you do lose your licence or have it suspended, you may be able to apply for a restricted licence to be able to drive during specific times of the day (for instance, being able to drive to and from work).

Queensland

If you exceed the legal blood alcohol level or drive while under the influence of drugs in Queensland, you could receive a significant fine or jail time, as well as being disqualified from driving.

You’ll have to go to court, and a magistrate will decide how long you’ll be disqualified from driving and whether you’ll be fined or sentenced to time in jail. The penalties for drink driving will be different depending on what level your alcohol reading is, and whether it is your first or subsequent offence.

When your license disqualification ends, you’ll have to apply to have your licence reissued, and you’ll be given a probationary licence, which you must hold for at least one year. You may also have to have an alcohol ignition interlock fitted to your car after the disqualification ends.

Learner and Provisional Drivers

Learner and provisional drivers must have a blood alcohol reading of 0.00%.

If you are caught driving with alcohol in your system, your licence will be disqualified, and you’ll be given a large fine. Greater penalties apply depending how high your blood alcohol reading is.

Fully Licensed Drivers

A fully licensed driver must have a blood alcohol reading of less than 0.05%.

If your blood alcohol level is greater than 0.05%, but less than 0.10%, your licence will be suspended immediately for at least 24 hours. Police also have the power to place an immediate suspension on your licence, which will end when the drink driving charge has been dealt with by the court or withdrawn.

Greater penalties will apply if you get caught and charged with a repeat drink driving offence.