Have you been charged with drink or drug driving? Our drink driving and DUI lawyers will ensure you understand your options and the consequences you will likely face. Contact us directly to discuss how we might be able to get you back on the road.
The penalties in your matter will depend on a few different factors. We can walk you through the law that applies in your individual circumstances, and give you an indication of the range of penalties open to the court. We can also discuss how best to keep those penalties as low as possible.
If you need to drive during the disqualification period, you should visit our page on Extraordinary Drivers’ Licences.
I have been charged with drink driving – what penalties could I face?
This depends on the reading, and whether you have previously been convicted of other similar offences.
For example, if your reading was more than .05 but less than .08 and you have never been convicted of a similar offence, the court doesn’t have to take your licence.
However, if you have a reading of .08 or more, or have been previously convicted of a similar offence, licence disqualification is unfortunately mandatory (but remember we might be able to keep you on the road with an Extraordinary Licence.)
For driving with a blood alcohol content of or above 0.05 but below 0.08 for a first offence a person is liable for a fine of up to $1250. Penalties for second or subsequent offences against this section are set out in the below table.
| Blood alcohol content |
| Second offence | Subsequent offence |
| ≤ 0.05 <0.07 | Min Max Disqualified | $1250 $2000 6 months | $1250 $2000 8 months |
| ≤ 0.07 | Min Max Disqualified | $1500 $2000 8 months | $1500 $2000 10 months |
Penalties for driving with a blood alcohol content of or above 0.08 are set out in the below table
| Blood alcohol content |
| First offence | Second offence | Subsequent offence |
| ≤ 0.08 <0.09 | Min Max Disqualified | $750 $2250 6 months | $1600 $2250 8 months | $1600 $2250 10 months |
| ≤ 0.09 <0.11 | Min Max Disqualified | $850 2250 7 months | $1700 $2250 10 months | $1700 $2250 13 months |
| ≤ 0.11 <0.13 | Min Max Disqualified | $1000 $2250 8 months | $1800 $3000 14 months | $1800 $3000 17 months |
| ≤ 0.11 <0.13 | Min Max Disqualified | 9 months $1150 $2250 | 18 months $1150 $4500 | 30 months $1150 $4500 |
I have been charged with driving with prescribed illicit drug in oral fluid or blood – what penalties could I face?
|
| First offence | Second offence | Subsequent offence |
| Min Max
Disqualified | $1,700 $3,750
10 months | $3,150 $5,250 or 9 months imprisonment 30 months | $3,150 $7,500 or 18 months imprisonment Life |