What are the penalties for drink driving?

 

Please ring us to have a free initial discussion about your penalty for drink driving on (03) 9670 5111.

The following two tables explain the penalties for drink driving offences

and the period of interlock that a Court will impose for exceed .05 charges. Drink driving penalties are complex so use this as a guide but make sure you get proper advice

Offences - s49(1)	Drink driving Penalty – s49
	1 st Offence	2 nd Offence		3 rd and Subsequent Offences
(b) Exceed PCA .05 [Exceed 0.0 for L and P plate drivers s52]   (f) Exceed PCA .05 – breath test within 3 hours   (g) Exceed PCA .05 – blood test within 3 hours	Fine of 12 Penalty Units	Less than 0.15 Fine of 60 Penalty Units or up to 6 months imprisonment	Greater than 0.15 Fine of 120 Penalty Units or up to 12 months imprisonment	Less than 0.15 Fine of 120 Penalty Units or up to 12 months imprisonment	Greater than 0.15 Fine of 180 Penalty Units or up to 18 months imprisonment

 

Cancellation and Interlock – s50, s50AAA, s50AAB
1 st Offence drink driving	2 nd Offence drink driving
P and L Drivers less than .05 the Court may cancel for not more than 6 months If the court cancels the driver's license then the court may also impose an interlock for at least 6 months.	Must cancel a P or L Driver on a subsequent offence for at least the minimum time listed in column 2 of Schedule 1 Less than .15 the Court must impose an interlock for at least 12 months More than .15 the Court must impose an interlock for at least 4 years
Less than .07 and the driver is 26 years old or older the Court may choose not to record a conviction and not cancel the driver's license If the court cancels the driver's license then the court may also impose an interlock for at least 6 months. If the driver is under 26 and between .05 and .07 the court must impose an interlock for at least 6 months	Less than .05 and the driver is 26 years old or older the Court may choose not to record a conviction and not cancel the driver's license   If the court cancels the driver's license then the court must impose an interlock if: Less than .15 for at least 12 months More than .15 for at least 4 years

 Drink driving penalties have two components.

 

Firstly with any drink driving charges there is the issue of a licence disqualification

The only discretion about disqualification of a licence the Court has in a drink driving case is for a first time offender who has a reading of under .07, holds a full licence and is over 26 years old.

 

In that situation we can ask a Court not to disqualify your driving licence.

 

Once you are outside that discretion the Court has an obligation to disqualify you for a mandatory minimum period. Please note that the periods of disqualification are minimum and it is the job of your lawyer to try to make sure that any period is limited as far as possible to the minimum penalty.

The sort of factors that the Court takes into account in assessing a penalty for drink driving are whether you were involved in an accident, whether you driving was particularly dangerous and whether any one was injured due to your driving etc. They will also take into account the positive factors in your life like your work and personal situation

 

Explaining these factors and presenting your case in the best way to the Court are why you need expert criminal lawyers acting for you. Choose lawyers who are experienced in drink driving and traffic offences and appear regularly in these sorts of matters. Lawyers specialize so choose lawyers who specialize in criminal and traffic law if you are facing a drink drive penalty.

 

The second component is the actual penalty for the offence.

Parliament recently increased the maximum period of imprisonment for a person who offends for a second time (within 10 years of a first offence) under s49 (1) (b) (f) or (g) of the Road Safety Act to six months imprisonment. The fine was increased to up to $6000. For a reading of over .15 the maximum penalties are $12000 fine or 12 months imprisonment

 

If a person get caught a third or more time for drink driving offences the maximum penalty increases to $12000 or 12 months imprisonment and for reading over .15 to $18000 or 18 months.

 

Many Magistrates' have seen these changes as an indication that they have to impose far heavier penalties on people for drink driving offences.

 

It is for this reason that you need to have your case prepared properly by experts in the field of drink driving and traffic offences.

 

 

What are the penalties for drink driving?