Drink Driving Law & Lawyers

Drink Driving Law & Lawyers News

News & Further Information - Drink Driving Law & Lawyers

If you have been charged by the police for drink driving offence, or would like legal help in legal representation from a specialist lawyer regarding any aspect of drink driving law, then please complete your free legal enquiry form to be put in contact with a lawyer specialising drink driving law.

Some helpful tips to avoid facing drink driving related charge:

Reducing Blood Alcohol Concentration (BAC)

As soon as you start drinking, your blood alcohol concentration (BAC) begins to rise and takes 30 to 60 minutes after you have stopped drinking to reach its highest concentration. However, it could take up to two hours before your BAC peaks, especially if you have eaten a substantial meal at the same time.

Alcohol is eliminated from the liver at a rate of between 4 and 12 grams per hour, with the average being 7.5 grams or three-quarters of a standard drink. This means that it can take an hour or more for your body to break down the alcohol in one standard drink.

Drinking rule of thumb

The rule of thumb is an easy way to help you count your drinks to keep your blood alcohol concentration (BAC) under 0.05. Remember the 'rule of thumb' is a rough guide only, you BAC can be affected by numerous factors.

For Men:
No more than two standard drinks in the first hour and one standard drink each hour after that. *

For Women:
No more than one standard drink each hour. *

* Although this is a conservative estimate designed to minimise the risk of exceeding the legal limit, some people (especially women) may need to take even further precautions when pacing their drinks.

One way of accurately measuring your BAC at any given time is by a blood test but you can test yourself on a Standards Australia approved breath test machine as a guide.

Avoid a fine or licence disqualification

• Allow enough time after drinking for your body to process the alcohol and reduce your BAC, or avoid driving all together to be safe.
• Take a taxi, and remember to leave enough money for the ride home after a night out (perhaps keep a few spare notes in another pocket so you won't spend it). Store the taxi number in your mobile beforehand.
• Stay over at a friends place after drinking, preferably arranging prior to going out.
• Arrange for somebody to pick you up after drinking.

Other Tips

Some frequently asked questions and answers regarding drink driving laws in Australia:

Is there a system of graduated licensing for new drivers?

• All 8 States have graduated licensing programs. Details of programs are set by State law, however, the following characteristics are common to all:
  The program applies to all new drivers regardless of age.
• Young drivers may receive a learner's permit at age 16. The permit must be held for at least 12 months before progressing to the probationary stage (but the applicant must be at least 18 years old to receive a probationary license).
• The probationary phase lasts 3 years. Probationary licensees are limited to a lower BAC (see below) and to lower speeds. They must display a special license plate.
• Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Per Capita Consumption (in litres of absolute alcohol):

7.6 (1994/5)

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

See State detail.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

See State detail.

How long has the present BAC limit been in effect?

See State detail.

Are local governments (cities, provinces, etc.) permitted to establish laws or ordinances regulating impaired driving?

Yes

Sanctions

See State detail.

Rehabilitation and Regranting of Licenses

See State detail.

Enforcement

See State detail

Drinking and Driving Laws
by State or Province

Australian Capital Territory

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

Yes

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

.02 for learners and provisional licenses for new drivers under the age of 25 for the first 3 years of driving.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

.02 for drivers of vehicles over 15 GVMt plus dangerous goods. .02 for drivers of licensed public vehicles.

How long has the present BAC limit been in effect?

Since January 1, 1991

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

Fine: Fines are graduated according to BAC level, beginning with .02 and are combined with some suspension of license and possible imprisonment for higher BAC levels.
Suspension of drivers license: License suspension time increases with BAC level, beginning with a possible 3 month suspension for a BAC of .02 to .05, and increasing to a maximum of 36 months for a BAC of over .15.
Imprisonment: For .08 to .15, fined up to 10 penalty units and/or 6 month maximum gaol and 12 month maximum suspension. For BAC over .15, fined up to 15 penalty units and/or 9 month maximum gaol and 36 month maximum suspension.

What are the sanctions for multiple offenses?

Fine: Fines follow the same graduated scale according to BAC level but amounts are increased for multiple offenses.
Suspension or revocation of drivers license: License suspensions graduated according to BAC level as with first offense, but length of suspension is increased for multiple offenses.
Imprisonment: Length of sentence increases for multiple offenses.

Details on Sanctions:

For first offense:

For BAC of .02 to .05, fined up to 5 penalty units, 3 month maximum suspension of license.

For .05 to .08, fined up to 5 penalty units, 6 month maximum suspension.

For .08 to .15, fined up to 10 penalty units and/or 6 month maximum gaol and 12 month maximum suspension.

For BAC over .15, fined up to 15 penalty units and/or 9 month maximum gaol and 36 month maximum suspension.

For multiple offenses:

For .08 to .15, fined up to 10 penalty units and/or 6 month maximum gaol and 12 month maximum suspension.

For BAC over .15, fined up to 15 penalty units and/or 9 month maximum gaol and 36 month maximum suspension.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

No legislation, but court may order attendance at course

What is the process for regranting drivers licenses that have been suspended or revoked?

Not available.

Enforcement

Enforcement Technique
Comments

Random breath testing (or similar enforcement technique)
Used frequently. Introduced December 1982.

Testing only if suspicion of intoxication

Testing only on arrest or commission of a traffic violation

Testing when driver is involved in a crash.
Used occasionally. Compulsory blood testing for drivers, cyclists, and pedestrians aged 15 or older attending hospital after crash.

Under what circumstances is it compulsory for a driver to submit to testing?

Compulsory blood testing for drivers, cyclists, and pedestrians aged 15 or older attending hospital after crash.

Number of random tests conducted annually, if known:

Not known.

Drinking and Driving Laws
by State or Province

New South Wales

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

Yes

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

.02 for learners, provisional licenses (since 4/2/85); .02 for new drivers under the age of 25; and .02 for the first 3 years of driving (since 1/1/91).

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

.02 for drivers of heavy vehicles > 13.9GVMt and dangerous or radioactive goods vehicles, buses, taxi cabs, hire cars (passenger vehicles >13.9t).

How long has the present BAC limit been in effect?

.05 since December 17, 1982; .02 for learner since April 2, 1985, .02 for younger drivers, passenger or heavy vehicles since January 1, 1991.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

Fine: Fines are graduated based on BAC level. For drivers under 25 and professional drivers with BAC between .02 and .05, maximum fine of $550 ($345.95 US) and automatic 3 month disqualification. Fines increase with BAC level.
Suspension of drivers license: All BAC levels over .02 for drivers under 25 and professional drivers, and over .05 for all other drivers incur an automatic disqualification of the license. The length increases with increased BAC level. Immediate suspension of license for a higher level offense.
Imprisonment: Up to 6 month imprisonment possible for BAC of .08 to .15; increasing to up to 9 months for BACs greater than .15.

What are the sanctions for multiple offenses?

Fine: Fines for multiple offenses follow a similar graduated scale according to BAC level, but amounts are increased.
Suspension or revocation of drivers license: Length of period of disqualification increases with multiple offenses. (See detail)
Imprisonment: Up to 9 months for BAC of .08 to .15; 12 months for BAC greater than .15.

Details on Sanctions:

For first offense:

For BAC of .02 to .05 for under 25 or professional drivers, $550 ($345.95 US) maximum fine plus automatic 3 month disqualification.

For .05 to .08, $550 ($345.95 US) maximum fine plus automatic 6 month disqualification.

For .08 to .15, $1,100 ($691.90 US) maximum fine and/or 6 month maximum gaol plus disqualification for 3 month minimum, 12 month automatic (the court has the power to order a shorter or longer period), no maximum disqualification.

For BAC greater than .15, immediate suspension of license, $1,650 ($1,037.85 US) maximum fine and/or 9 month gaol plus 6 month minimum, 3 years automatic disqualification, no maximum disqualification.

For multiple offenses:

For BAC of .02 to .05 for under 25 or professional drivers, $1,100 ($691.90 US) maximum fine plus automatic 12 month disqualification, 3 month minimum, no maximum disqualification.

For .05 to .08, $1,100 ($691.90 US) maximum fine plus automatic 12 month, 3 month minimum, no maximum disqualification.

For .08 to .15, $1,100 ($691.90 US) maximum fine and/or 6 month maximum gaol plus disqualification for 6 month minimum, 3 years, no maximum disqualification.

For a BAC greater than .15, immediate suspension of license, $2,200 ($1,383.80 US) maximum fine and/or 12 month maximum gaol plus 1 year minimum, 5 years, no maximum disqualification.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

Not known.

What is the process for regranting drivers licenses that have been suspended or revoked?

Any driver convicted of a drink driving offence and over .15 range must undergo medical assessment and receive positive results before re-issue of license.

Enforcement

Enforcement Technique
Comments

Random breath testing (or similar enforcement technique)
Used frequently. Introduced 12/17/82.

Testing only if suspicion of intoxication

Testing only on arrest or commission of a traffic violation

Testing when driver is involved in a crash.
Mandatory.

Under what circumstances is it compulsory for a driver to submit to testing?

For drivers, riders, and pedestrians over 15 years in hospitals after road crash. (12/17/82)

Notes on the level of enforcement of Impaired Driving Laws:

In New South Wales, the annual number of RBT tests is well over half the number of licensed drivers, an estimated 59 tests per 100 drivers per year.

Number of random tests conducted annually, if known:

59 per 100 drivers annually

Drinking and Driving Laws
by State or Province

Northern Territory

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

Yes

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

.00 (.02 tolerance) for unlicensed, learner and provisional license drivers (1985).

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

.00 (.02 tolerance) for drivers of vehicles >15GVMt + dangerous goods; for buses with more than 12 seats and vehicles with passengers in load space.

How long has the present BAC limit been in effect?

.05 passed in 1992, implemented in 1994; .00 for new drivers in 1985; .00 for certain vehicles passed in 1992, but commencement pending

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

Fine: Fines are graduated according to BAC level and combined with license suspension and possible imprisonment. Range is from $500 to $1,000 ($314.50 to $629.00 US).
Suspension of drivers license: Length of license suspension for drivers who are under 18 or who have a learner or provisional license and a BAC level over .00 is a minimum 3 month license loss. Length of suspension is graduated for increasing BAC levels up to a 12 month minimum immediate suspension for a BAC of over .15.
Imprisonment: Possible imprisonment terms ranging from 3 month to 12 month maximum, graduated by BAC level.

What are the sanctions for multiple offenses?

Fine: Fines follow a similar schedule as with first offense according to BAC level, but amounts and length of license suspension and imprisonment increases for multiple offenses. Range is from $750 to $2,000 ($471.75 to $1,258.00 US).
Suspension or revocation of drivers license: Length of suspension follows a similar schedule as with first offense, but length is increase for multiple offenses. Range is 6 month minimum to 5+ years.
Imprisonment: Length of sentence follows a similar schedule as with first offence, but length is increased for multiple offenses. Range is from 6 month minimum to 12 month maximum.
Other: Repeat offenders with BAC of .08 to .15 may be sentenced to a 14-hour course for repeat offenders.
Refusing a blood test carries the same penalties as a BAC of over .15.

Details on Sanctions:

For first offense:

For BAC over .00 and driver who is under 18, or has a learner or provisional license, or unlicensed a fine of $500 ($314.50 US), 3 month maximum gaol with 3 month minimum license loss.

For BAC of .00 to .05 and driver of specified vehicles or under 25, fine of $500 ($314.50 US), 3 month maximum gaol and Traffic Infringement Notice (TIN).

For BAC of .05 to .08, TIN plus a fine of $500 ($314.50 US), 3 month maximum gaol.

For BAC between .08 and .15, a fine of $750 ($471.75 US), 6 month minimum license loss, 6 month maximum gaol, and a 10-hour course.

For BAC over .15, fine of $1000 ($629.00 US), 12 month maximum gaol, minimum 12 month immediate suspension, 14-hour course.

For multiple offenses:

For a BAC over .00 and under 18, learner or provisional license, or unlicensed, a fine of $750 ($471.75 US), 6 month maximum gaol, 6 month minimum license loss.

For a BAC of .00 to .05 and a driver of specified vehicles or under 25, $750 ($471.75 US) fine, 6 month maximum gaol, TIN.

For a BAC between .05 and .08, TIN, $750 ($471.75 US) fine, 6 month maximum gaol, 6 month minimum suspension.

For a BAC between .08 and .15, $2,000 ($1,258.00 US) fine, 12 month maximum gaol, 12 month minimum suspension. Immediate suspension if previous offense withint 10 years, 14-hour course for repeat offenders.

For a BAC over .15, $2,000 ($1,258.00 US) fine, 12 month maximum gaol, 5 year minimum suspension. Within 3 years of previous offense of >.15, or 2 or more offenses, 18 month immediate suspension.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

No legislation requiring rehabilitation, but registrar of motor vehicles may impose conditions on return of license.

What is the process for regranting drivers licenses that have been suspended or revoked?

Registrar of motor vehicles may impose conditions on return of license.

Enforcement

Enforcement Technique
Comments

Random breath testing (or similar enforcement technique)
Used frequently. Introduced February 1980.

Testing only if suspicion of intoxication

Testing only on arrest or commission of a traffic violation

Testing when driver is involved in a crash.

Under what circumstances is it compulsory for a driver to submit to testing?

Compulsory blood testing for drivers, riders and pedestrians over age 15 involved in road crash.

Number of random tests conducted annually, if known:

Not known.

Drinking and Driving Laws
by State or Province

Queensland

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

Yes

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

.00 (.02 tolerance) for drivers under 21.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

.00 (.02 tolerance) for drivers of vehicles > 4.5GVMt, and for drivers of buses.

How long has the present BAC limit been in effect?

.05 since December 20, 1982. A BAC of .00 for young drivers and drivers of buses or heavy vehicles since January 1, 1991.

Other comments on BAC provisions of the law:

Immediate 24 hour license suspension for all BAC offenses.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

Fine: $1,050 ($660.45 US) maximum fine for drivers under 25 and drivers of specified vehicles for BAC level up to .05. Fines increase with BAC level up to a maximum of $2,100 ($1,320.90 US) for a BAC of over .15.
Suspension of drivers license: There is an automatic suspension of 24 hours for all BAC levels. Disqualification of license for 3 to 9 months depending on BAC level.
Imprisonment: Possible 3 to 9 months depending on BAC level.

What are the sanctions for multiple offenses?

Fine: Maximum $1,500 ($943.50 US) fine for BAC between .05 and .15. Fines increase with BAC level up to a maximum of $2,550 ($1,603.95 US) for BAC of over .15.
Suspension or revocation of drivers license: 3 month to 2 years disqualification depending on BAC level and number of offenses.
Imprisonment: 6 to 18 months depending on BAC level and number of offenses.
Other: After numerous drink driving offenses, if can be made a condition of conviction to undergo a rehabilitation course conducted by the Queensland Corrective Services Commission.

Details on Sanctions:

For first offense:

For a BAC up to .05 in learners and probationary drivers under 25, unlicensed drivers, and drivers of heavy vehicles, public transport, dangerous goods, fine for first offense is $1,050 ($660.45 US) maximum or 3 month gaol with 3 to 9 months disqualification.

For other drivers with BAC between .05 and .15 there is a ticket system which is optional for the police to use with a minimum fine of $100 ($62.90 US) for BAC of .05, and increasing with BAC level. For BAC over .15, $2,100 ($1,320,90 US) maximum or 9 month gaol with 6 month disqualification. Penalty for refusal of blood or breath test is $2,100 ($1,320.90 US) maximum fine or 9 month gaol with 6 month disqualification.

For multiple offenses:

For second offence BAC between .05 and .15, maximum fine of $1,500 ($942.50 US) or six month gaol with 3 to 18 month disqualification. A susequent BAC between .05 and .15 carries a $2,100 ($1,320,90 US) maximum fine or 9 month maximum gaol with 6 month disqualification. For a second offense BAC over .15, or for refusal to take a blood or breath test, the penalty is a maximum fine of $2,550 ($1,572.50 US) or 18 month gaol with 12 month disqualification. A third or subsequent offence between .05 and .15 carries a $2,100 ($1,320,90 US) maximum fine or 9 month maximum gaol with 6 month disqualification.

For a second offense BAC over .15, or for refusal to take a blood or breath test, the penalty is a maximum fine of $2,550 ($1,572.50 US) or 18 month gaol with 12 month disqualification. For a subsequent offense of BAC over .15, imprisonment must form part of the sentence with a 2 years disqualification. For subsequent refusals to take a blood or breath test, imprisonment may form all or part of the punishment with a 2 year disqualification.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

After numerous drink driving offenses, if can be made a condition of conviction to undergo a rehabilitation course conducted by the Queensland Corrective Services Commission.

What is the process for regranting drivers licenses that have been suspended or revoked?

Not available.

Enforcement

Enforcement Technique
Comments

Random breath testing (or similar enforcement technique)
Used frequently.

Testing only if suspicion of intoxication

Testing only on arrest or commission of a traffic violation

Testing when driver is involved in a crash.

Under what circumstances is it compulsory for a driver to submit to testing?

Legislation for compulsory blood testing passed in 1974 but was not proclaimed.

Notes on the level of enforcement of Impaired Driving Laws:

There were 760,000 RBT tests in Queensland in 1994-95 for about two million licensed drivers, a ratio of 38 tests per 100 drivers.

Number of random tests conducted annually, if known:

760,000 (1994-95)

Drinking and Driving Laws
by State or Province

South Australia

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

Yes

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

.02 for drivers up to 19 years.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

.02 for drivers of vehicles > 15 GVMt; drivers of buses with more than 12 seats, taxis, and hire cars.

How long has the present BAC limit been in effect?

.05 since July 1, 1992. .02 for young drivers and drivers of certain vehicles since June 1, 1992

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

Fine: Fine for learners or probationary drivers with BAC over .00 is a maximum $1,000 ($629.00 US). Fines for other drivers range from $114 to $1,200 ($71.71 to $754.80 US) depending on BAC level and circumstances of adjudication.
Suspension of drivers license: Learners or probationary drivers with BAC over .00 receive 6 month disqualification. Other drivers can be disqualified for period of 6 to 12 months depending on BAC level. Demerit points on the license are also given depending on BAC level.
Imprisonment: For BAC over .15 (DUI), 3 month maximum gaol.

What are the sanctions for multiple offenses?

Fine: Range is $700 to $2,500 ($440.70 to $1,572.50 US) depending on BAC level.
Suspension or revocation of drivers license: Range is 12 months to 3 years depending on BAC level.
Imprisonment: For BAC 0ver .15 (DUI), 6 month maximum gaol.
Other: If convicted of 2 or more drink driving offenses within 3 years in the metropolitan area, then the court orders that the driver must be referred for Drink Driver Assessment.

Details on Sanctions:

For BAC > .00 for learners and probationary drivers, $1,000 ($629.00 US) maximum fine plus 6 month disqualification.

For drivers with BAC between .05 and .08, a Traffic Infringement Notice, $114 ($71.71 US) fine and 3 demerits. If court decision, $700 ($440.70 US) maximum fine plus $7 ($4.40 US) victims of crime levy.

For drivers with BAC between .08 and .15, $500 ($314.00 US) minimum, $900 ($566.10 US) maximum fine plus 6 month disqualification and 5 demerit points.

For BAC over .15 (DUI), $700 ($440.70 US) minimum, $1,200 ($1,572.50 US) maximum fine or 3 month maximum gaol plus 12 month minimum disqualification and 6 demerit points.

For refusal to take blood or breath test, $700 ($440.70 US) minimum, $1,200 ($1,572.50 US) maximum fine plus 12 month minimum disqualification and 6 demerit points.

For multiple offenses:

For BAC between .00 (for learners and probationary drivers) and .08, penalty is same as for first offense.

For BAC between .08 and .15, fine of $700 ($440.70 US) minimum, $1,200 ($1,572.50 US) maximum plus 12 month minimum disqualification and 6 demerit points. Susequent offense carries a fine of $1500 to $2500 with a maximum 3 years disqualification.

For BAC over .15 (DUI), penalty is a fine of $1,500 to $2,500 ($943.50 to $1,320.90 US) or 6 month maximum gaol with a minimum 3 years disqualification and 6 demerit points.

The penalty for second offense of refusal to take a blood or breath test is a fine of $1,500 to $2,500 ($943.50 to $1,320.90 US) with a minimum 3 years disqualification and 6 demerit points.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

If convicted of 2 or more drink driving offenses within 3 years in the metropolitan area, then the court orders that the driver must be referred for Drink Driver Assessment.

What is the process for regranting drivers licenses that have been suspended or revoked?

Not available.

Enforcement

Enforcement Technique
Comments

Random breath testing (or similar enforcement technique)
Used frequently. In 1995, in South Australia, there were 220,001 RBTs conducted for 965,000 licenses. In 1997, SA doubled the number of breath tests carried out to more than 600,000.

Testing only if suspicion of intoxication

Testing only on arrest or commission of a traffic violation

Testing when driver is involved in a crash.

Under what circumstances is it compulsory for a driver to submit to testing?

Not known.

Number of random tests conducted annually, if known:

600,000 in 1997

Drinking and Driving Laws
by State or Province

Tasmania

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

Yes

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

.00 (.02 tolerance) for 3 years for new drivers and those not holding a license for 12 months.

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

.00 (.02 tolerance) for drivers of vehicles >4.5+ >7.5 combination; for buses with more than 12 seats and licensed public vehicles.

How long has the present BAC limit been in effect?

.05 since January 6, 1983; .00 for new drivers and drivers of certain vehicles since May 1992

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

Fine: Fines range from $200 to $3,000 ($125.80 to $1,887.00 US) depending on BAC level.
Suspension of drivers license: Suspension ranges from 3 to 36 months depending on BAC level.
Imprisonment: Sentences range from 3 to 12 months depending on BAC level.

What are the sanctions for multiple offenses?

Fine: Fines range from $400 to $6,000 ($251.60 to $3,774.00 US) depending on BAC level.
Suspension or revocation of drivers license: Suspension ranges from 6 to 72 months depending on BAC level.
Imprisonment: Sentences range from 6 to 24 months depending on BAC level.
Other: An offender considered to be alcohol dependent (i.e., very high BAC levels or multiple drink driving offenses) can be required to attend rehabilitation.

Details on Sanctions:

BAC < .05, 2-10 penalty units, 3 month maximum gaol, 3-12 month disqualification.

BAC between .05 and .10, 2-10 penalty units, 3 month maximum gaol, 3-12 month disqualification

BAC between .1 and .15, 4-20 penalty units, 6 month maximum gaol, 6-18 month disqualification

BAC > .15, 5-30 penalty units, 12 month maximum gaol, 12-36 month disqualification

Failure to comply, 5-30 penalty units, 12 month maximum gaol, 12-36 month disqualification

(Note, each penalty unit equals $100)

For multiple offenses:

BAC < .05, 4-20 penalty units, 6 month maximum gaol, 6-24 month disqualification.

BAC between .05 and .10, 4-20 penalty units, 6 month maximum gaol, 6-24 month disqualification

BAC between .10 and .15, 8-40 penalty units, 12 month maximum gaol, 12-36 month disqualification

BAC > .15, 10-60 penalty units, 24 month maximum gaol, 24-72 month disqualification

Failure to comply, 10-60 penalty units, 24 month maximum gaol, 24-72 month disqualification

(Note, each penalty unit equals $100)

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

An offender considered to be alcohol dependent (i.e., very high BAC levels or multiple drink driving offenses) can be required to attend rehabilitation.

What is the process for regranting drivers licenses that have been suspended or revoked?

Currently (as of November 1997) considering a range of options as standard condition for reissue of license following disqualification.

Enforcement

Enforcement Technique
Comments

Random breath testing (or similar enforcement technique)
Used frequently. The number of random breath tests in Tasmania has increased in recent years to approximately 83 per 100 drivers in 1997.

Testing only if suspicion of intoxication

Testing only on arrest or commission of a traffic violation

Testing when driver is involved in a crash.

Under what circumstances is it compulsory for a driver to submit to testing?

No legislation on compulsory testing.

Number of random tests conducted annually, if known:

Approximately 83 per 100 drivers in 1997

Drinking and Driving Laws
by State or Province

Victoria

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

Yes

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

.00 (.02 tolerance) for 1st year probationary and unlicensed drivers. Zero limit extended for first three years of license (8/2/90).

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

.00 (.02 tolerance) for drivers of vehicles >15GVMt, and drivers of buses with 12 or more passengers.

How long has the present BAC limit been in effect?

The limit has been .05 since June 1976. For new drivers and drivers of heavy or passenger vehicles the limit has been.02 since January 1, 1992.

Other comments on BAC provisions of the law:

Full license holders who are convicted or found guilty of a drink driving offense and are re-licensed after obtaining a court order are restricted to a zero BAC for 3 years (Z condition license.)

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

Fine: $1,200 ($754.80 US) maximum fine
Suspension of drivers license: For learners or probationary drivers with BAC over .00, disqualification for 6 month maximum, 1 month minimum with extension of probationary period for up to 7 months.
For other drivers with BAC over .05, length of disqualification begins at 6 months and increases with each point of increased BAC.
Police have power to suspend the license on the spot until the case is heard for BAC of .15 or greater.
Imprisonment: For culpable DUI, up to 15 years gaol and/or $180,000 ($113,220.00 US) maximum fine plus 2 years minimum disqualification. For DUI liquor or drug, $2,500 ($1,572.50 US) maximum fine or 3 month gaol plus 2 years minimum disqualification.

What are the sanctions for multiple offenses?

Fine: $2,500 ($1,572.50 US) maximum fine.
Suspension or revocation of drivers license: Police have the power to suspend the license on the spot until the case is heard for all 2nd offenders.
In March 1987, police were given the power to suspend the license on the spot until the case is heard, where a BAC is .15 or more. In June 1991, the power was extended to include all 2nd offenders.

Details on Sanctions:

For BAC of .00 to .05 for probationary, learner, or unlicensed drivers, $1,200 ($754.80 US) maximum fine and possible 6 month maximum disqualification, one month minimum suspension and extension of probationary period for 7 months for probationers.

For BAC of .05 to .10, $1,200 ($754.80 US) fine plus disqualification for 6 month minimum.

For .10 to .11, $1,200 ($754.80 US) fine plus disqualification for 10 month minimum.

For .11 to .12, $1,200 ($754.80 US) fine plus disqualification for 11 months, and so on, increasing the period of disqualification by one month per point BAC.

For multiple offenses:

For BAC of .00 to .05 for probationary, learner, and unlicensed drivers, $2,500 ($1,572.50 US) maximum or 3 month maximum gaol plus 12 month minimum disqualification.

For BAC over .05, $2,500 ($1,572.50 US) maximum fine or 3 month gaol plus disqualification for 12 month minimum for .05 to .07, 14 months for .07 to .08, 16 months for .08 to .09 and so on with the period of disqualification increasing by 2 months for every point of increased BAC.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

Rehabilitation requirements as a precondition of relicensing exist for multiple categories of convicted dring drivers. Exact requirements depend on age, license category, BAC range of the offender.

What is the process for regranting drivers licenses that have been suspended or revoked?

Full license holders who are convicted or found guilty of a drink driving offence and are re-licensed after obtaining a court order are restricted to a .00 BAC for 3 years (Z condition license.)

Enforcement

Enforcement Technique
Comments

Random breath testing (or similar enforcement technique)
Used frequently. With about 2.9 million drivers, Victoria now conducts over 2.4 million tests annually, giving a test:driver ratio of .83.

Testing only if suspicion of intoxication

Testing only on arrest or commission of a traffic violation

Testing when driver is involved in a crash

Under what circumstances is it compulsory for a driver to submit to testing?

Compulsory blood testing of all people older than 15 years who have been taken to hospital after a road crash. In 1991, changed to Code of Practice.

Number of random tests conducted annually, if known:

2.4 million annually

Drinking and Driving Laws
by State or Province

Western Australia

Driver Licensing Laws

What is the minimum licensing age for drivers of private automobiles?

18

Is there a system of graduated licensing for new drivers?

Yes

Alcohol Purchase and Consumption

What is the minimum drinking age?

18

What is the minimum purchase age for alcoholic beverages?

18

Impaired Driving Laws

What is the blood alcohol content (BAC) limit?

.05

What is the BAC limit for younger drivers, if different?

.02 for probationary drivers for 12 months

Are BAC limits established for other conditions (e.g., for commercial vehicles, motorcycles, etc.)?

Legislation proposed but not yet passed: .02 BAC limit for drivers of vehicles >15 and for drivers of buses with more than 8 seats, taxis, hire cars.

How long has the present BAC limit been in effect?

.05 since September 1988; .02 for probationary drivers since August 1982.

Sanctions

What are the sanctions for first offense for driving under the influence of alcohol?

Fine: Fines range from $100 to $800 ($62.90 to 503.20 US) depending on age and BAC level. $600 ($377.40 US) minimum fine for failure to provide a breath test.
Suspension of drivers license: For BAC greater than .08, a fine of $500 to $800 ($314.50 to $503.20 US) with a 3 month minimum license disqualification. For failure to provide breath test when requested, a minimum fine of $600 ($377.40 US) or 6 month suspension.

What are the sanctions for multiple offenses?

Fine: For BAC over .08, fines for multiple offenses range from $600 to $2,500 ($377.40 to $1,572.50 US) depending of the number of offenses.
Suspension or revocation of drivers license: Period of disqualification for multiple offenses ranges from 6 months to permanent disqualification depending onf the number of offenses.
Imprisonment: For second offense of driving under the influence of alcohol or drugs, $1,000 to $1,800 ($629.00 to $1,132,20 US) fine or 6 months gaol with a 2 year minimum disqualification. For third offense, fine is $1,200 to $2,500 ($754.80 to $1,572.50 US) or 18 months gaol with permanent disqualification of license.
Note on sanctions: The penalties for traffic offenses in Western Australia have recently undergone a major review. Regulatory and legislative changes are currently being progressed. The drink driving penalties require legislative changes and are currently in the Western Australian Parliament.

Details on Sanctions:

Over .02, under 18, P?s or L?s, unlicensed-fine of $100 to $300 ($62.90 to 188.70 US).

For BAC between .05 and .08, a maximum $500 ($314.50 US) fine.

For BAC greater than .08, a fine of $500 to $800 ($314.50 to $503.20 US)with a 3 month minimum license disqualification.

For failure to provide breath test when requested, a minimum fine of $600 ($377.40 US) or 6 month suspension.

For multiple offenses:

For second and subsequent offenses of BAC over .08, fine of $600 to $1,200 ($377.40 to 754.80 US) with 6 month minimum disqualification.

For second offense of driving under the influence of alcohol or drugs, $1,000 to $1,800 ($629.00 to 1,132.20 US) fine or 6 month gaol with a 2 year minimum disqualification.

For third offense, fine is $1,200 to $2,500 ($754.80 to $1,572.50 US) or 18 months gaol with permanent disqualification of license.

Rehabilitation and Regranting of Licenses

Are rehabilitation programs offered to impaired driving offenders? Are they required?

No requirement for rehabilitation program.

What is the process for regranting drivers licenses that have been suspended or revoked?

Not available.

Enforcement

Enforcement Technique
Comments

Random breath testing (or similar enforcement technique)
Used frequently. The number of random breath tests in Western Australia increased from 52 per 100 drivers in 1994-95 to 85 per 100 in 1995-96.

Testing only if suspicion of intoxication

Testing only on arrest or commission of a traffic violation

Testing when driver is involved in a crash

Under what circumstances is it compulsory for a driver to submit to testing?

No legislation on compulsory breath testing.

Number of random tests conducted annually, if known:

Approximately 85 per 100 drivers in 1995-96

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