There are four ranges of drink driving that all carry different penalties, depending on your reading which is calculated by the amount of alcohol (in grams) in 210L of exhaled breath or 100mL of blood.
Reading between 0.00 – 0.05
This category of drink driving only applies to ‘special’ licence holders such as learner and provisional drivers, public transport and taxi drivers, drivers with foreign licences and unlicensed drivers.
Penalty for first offenders: a conviction and fine of up to $800 and a licence disqualification of between 1-3 months.
Penalty for repeat offenders: a conviction and fine of up to $1,600 and a licence disqualification of between 3-12 months.
Reading between 0.05 – 0.08.
Penalty for first offenders: Conviction and fine of up to $800 and a licence disqualification of between 2-6 months
Penalty for repeat offenders: Conviction and fine of up to $1600 and a licence disqualification of between 3-12 months
Reading between 0.08 – 0.15.
Penalty for first offenders: Conviction, fine of up to $1600 and/or imprisonment up to 6 months and a licence disqualification of between 3-12 months
Penalty for repeat offenders: Conviction, fine of up to $1600 and/or imprisonment up to 6 months and a licence disqualification of between 6 months – 3 years
Reading 0.15 or above
Penalty for first offenders: Conviction, fine of up to $2400 and/or imprisonment up to 9 months and a licence disqualification of between 6 months – 3 years
Penalty for repeat offenders: Conviction, fine of up to $3200 and/or imprisonment up to 12 months and a licence disqualification of between 12 months – 5 years
Note: An offender is classified a “repeat” offender if at any time in the past, no matter how long ago and whatever the state or territory, they have been found guilty or convicted of a drink or drug driving offence.
Your alcohol reading can be calculated through a breath screening test or a blood sample test. If you refuse to undertake either test you may be charged with an offence under section 22 and 23 of the Road Transport (Alcohol and Drugs) Act 1977. This offence carries fines, imprisonment and licence disqualification that are equivalent to a level 4 reading.
Drink driving is an offence of strict liability, meaning that if the physical elements are met (e.g., you have a BAC reading above the legal limit on a roadside breath test), the offence is satisfied and can only be argued by mistake of fact.
Other defences that might arise include where the driving did not occur on a public road or road-related area, where the breath or blood sample was not taken within the required time period or otherwise legally, or where there is a reasonable doubt as to whether you were the driver.
If you have been found guilty of a level 4 range drink driving offence or have been convicted of a 3rd drink driving offence within 5 years, your licence disqualification will include a condition that you must have installed and abide by an alcohol interlock ignition device. This must be in place for either half of the total disqualification period or 6 months, whichever is longer. Where you have been disqualified for any drink driving offence other than the above scenarios, you are entitled to apply for a voluntary interlock ignition device on your vehicle and drive throughout the period of disqualification (if complying with this device). The device must be fitted for at least 6 months.
If you have been charged with a drink driving offence with a reading of 0.05 higher than your legal limit (eg. 0.1 or higher for fully licensed drivers), police must issue you with an immediate suspension notice which suspends your licence for 3 months or until the sentencing is finalised in court, whichever is the shorted period. Any time suspended in this way must be taken off any court-order disqualification period.
You will only be eligible for what is called a restricted licence if the reading is less than 0.05 your legal limit (eg. Less than 0.1 for a fully licenced driver), it is your first drink driving offence, and a full disqualification would cause hardship due to work, health, family or other commitments.
Low levels of cannabis possession are decriminalised and medicinal cannabis is legalised in the ACT under the Commonwealth Narcotic Drugs Act 1967.
Whilst you may be permitted to consume medicinal cannabis by a medical professional under the Act, it is still an offence to drive with cannabis (tetrahydrocannabinol -THC) in your system and a medical prescription cannot be used as a defence against drug driving.
Restricted licences and interlock licences are not available for licence disqualifications imposed for drug driving offences. The only way to avoid any licence disqualification is if a No Conviction Order is made in sentencing or if you otherwise plead not guilty and successfully defend the charge at a hearing.
Section 51B(1) of theCrimes Act provides a maximum penalty of 3 years imprisonment and/or 100 penalty units (i.e. a fine of up to $11,000) for first offenders. If you are a repeat offender, the maximum penalty is 5 years imprisonment and/or 100 penalty units (i.e. a fine of up to $11,000).
Yes, if this is your first time being convicted of this offence, you will be automatically disqualified from driving for a period of 3 years. Section 205(2)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 12 months. If this is your second or subsequent offence, you will be automatically disqualified from driving for a period of 5 years. Section 205(3)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 2 years.
If you are found guilty of this offence, it will appear on your criminal record.
No, if found guilty of this offence, you will not receive a section 10.
While you may be sentenced to full-time imprisonment, various other sentencing options are available to the Magistrate or Judge. Ultimately, this may depend on the objective seriousness of the offence as well as your personal circumstances and criminal record.
Some potential defences may include:
Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you are a level 1 drink driver.
You may accept that you committed the offence, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the statement of facts for sentencing.
It is difficult to determine your likely alcohol reading as there are numerous factors that impact the speed at which your body processes alcohol. As your reading must be 0.00 as a special licence driver, you generally cannot consume any alcohol prior to driving.
If you plead guilty, or are found guilty after hearing, of Level 1 drink driving you may be faced with a licence disqualification between 1-3 months as a first offender or between 3-12 months as a repeat offender. These are mandatory licence disqualifications and can only be avoided if the court makes a No Conviction Order at sentencing or you are otherwise acquitted of the charge at a defended hearing.
Often if you have been charged with a drink driving offence you will be faced with a disqualification of your licence for a prescribed period depending on the severity of the offence.
If you require your licence for work or medical related purposes you may be able to apply for a probationary licence with a voluntary interlock condition. If granted, you can hold an interlock licence for the period of your disqualification. You may also be able to apply for a restricted licence (work licence) with conditions that allow you to drive for specific purposes such as work or medical appointments.
Some potential defences may include:
Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you were drink driving with a level 2 range.
You may accept that you committed the offence, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the statement of facts for sentencing.
It is difficult to determine your BAC as there are numerous factors that impact the speed at which your body processes alcohol. If you have been drinking, the safest option is not to drive as you may be involved in an accident or face this criminal charge.
Whether or not you are convicted of a level 2 drink driving is entirely dependent on the circumstances of your matter. It must be proven, beyond reasonable doubt, that you intentionally drove, attempted to drive or sat next to a learner driver who is driving a motor vehicle whilst your reading was between 0.05 and 0.08.
Other factors are considered before a conviction is made, including when and where you were tested and whether you reasonably believed you were driving with a prescribed concentration of alcohol.
If you plead guilty, or are found guilty after hearing, of Level 2 drink driving you may be faced with a licence disqualification between 2-6 months as a first offender or between 3-12 months as a repeat offender. These are mandatory licence disqualifications and can only be avoided if the court makes a No Conviction Order at sentencing or you are otherwise acquitted of the charge at a defended hearing.
Some potential defences may include:
Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you were drink driving at a mid-range.
You may accept that you committed the offence, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the statement of facts.
A: It is difficult to determine your reading as there are numerous factors that impact the speed at which your body processes alcohol. If you have had anything to drink then the safest option is not to drive, as you may be involved in an accident or face this criminal charge.
Whether or not you are convicted of a level 3 drink driving is entirely dependent on the circumstances of your matter. It must be proven, beyond reasonable doubt, that you intentionally drove, attempted to drive or sat next to a learner driver who is driving a motor vehicle whilst your reading was between 0.08 and 0.15.
Other factors are considered before a conviction is made, including when and where you were tested and whether you reasonably believed you were driving with a prescribed concentration of alcohol.
Often if you have been charged with a drink driving offence you will be faced with a disqualification of your licence for a prescribed period depending on the severity of the offence.
If you require your licence for work or medical related purposes you may be able to apply for a probationary licence with a voluntary interlock condition. If granted, you can hold an interlock licence for the period of your disqualification.
If this is your first offence and the reading is less than 0.05 more than your legal limit (0.05 for fully licensed drivers, meaning your PCA would need to be <0.10) and there is a need for a licence for work or other purposes, you may be eligible to apply for a restricted (work) licence.
Some potential defences may include:
Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you were drink driving at a high-range.
You may accept that you committed the offence, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the statement of facts.
It is difficult to determine your reading as there are numerous factors that impact the speed at which your body processes alcohol. If you have been drinking, then the safest option is not to drive as you may cause a collision or be charged with this criminal offence.
Whether or not you are convicted of level 4 drink driving is entirely dependent on the circumstances of your matter. It must be proven, beyond reasonable doubt, that you intentionally drove, attempted to drive or sat next to a learner driver who is driving a motor vehicle whilst your reading was 0.15 or above.
Other factors are considered before a conviction is made, including when and where you were tested and whether you reasonably believed you were not under the influence of alcohol.
If you plead or are found guilty of level 4 drink driving, there will be a mandatory licence disqualification period of between 6 months and 3 years for first offenders, and between 12 months and 5 years for repeat offenders.
What does it mean if I am required to hold an interlock licence?
If you have been found guilty of a level 4 drink driving offence there will be a mandatory alcohol interlock ignition period of at least half the total disqualification, or 6 months, whichever is longer. An interlock device is a breath test attached to your vehicle that prevents it from starting until a reading of 0.00 is recorded. No alcohol can be consumed prior to driving when you hold an interlock licence.
Defences that may be available include:
Whether or not you should plead guilty or not guilty depends on a number of factors, including whether you accept that you refused or failed to submit to a breath test.
You may accept that you committed the offence, but disagree with part or all of what the police say happened. In these circumstances, you lawyer may be able to negotiate with the prosecution to change the statement of facts.
Whether or not you will be convicted is dependent on the context of the charge. It must be proven, beyond reasonable doubt, that you intentionally drove a motor vehicle and refused/ failed to provide a breath sample when instructed by police.
Whether you will be convicted also depends on if there are any successful defences to your charge, including if you were unable to submit a breath test for medical reasons.
If you are found guilty, or have entered a plea of guilty for refusing to provide a breath sample, your licence may be disqualified by the Court. Whether or not you will lose your licence will be dependent on a range of factors including if this is a first or repeat offence. If a conviction is imposed there is a mandatory licence disqualification of between 6 months and 3 years for first offenders, and 12 months and 5 years for repeat offenders.
Defences that may be available include:
Whether or not you should plead guilty or not guilty depends on a number of factors, including whether you accept that you refused or failed to submit to a blood test.
You may accept that you committed the offence, but disagree with part or all of what the police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the statement of facts.
Whether or not you will be convicted is dependent on the context of the charge. It must be proven, beyond reasonable doubt, that you intentionally drove a motor vehicle and refused/ failed to provide a blood sample when instructed by police.
Whether you will be convicted also depends on if there are any successful defences to your charge, including if you were unable to submit a blood test for medical reasons.
If you are found guilty, or have entered a plea of guilty for refusing to provide a blood sample, your licence may be disqualified by the Court. Whether or not you will lose your licence will be dependent on a range of factors including if this is a first or repeat offence. If a conviction is imposed there is a mandatory licence disqualification of between 6 months and 3 years for first offenders, and 12 months and 5 years for repeat offenders.
Medicinal cannabis is legalised in the ACT under the Commonwealth Narcotic Drugs Act 1967. Possession of cannabis in small amounts has also been decriminalised. Whilst you may be permitted to consume medicinal cannabis by a medical professional under the Act or otherwise possess it, it is still an offence to drive with cannabis in your system and a medical prescription cannot be used as a defence against drug driving.
Whether or not you should plead guilty or not guilty depends on a number of factors, including whether you accept that you drove with drugs in your system.
You may accept that you committed the offence, but disagree with part or all of what the police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the statement of facts.
Whether or not you will be convicted is dependent on the context of the charge. It must be proven, beyond reasonable doubt, that you intentionally drove a motor vehicle, or sat near a learner driver who is driving a motor vehicle, under the influence of a prescribed drug. Whether you will be convicted also depends on if there are any successful defences to your charge.
For first offenders it is unlikely that you will be sentenced to jail if found guilty of drug driving. However, for repeat offenders it is possible you may face up to three months imprisonment if convicted of an offence under section 20 on multiple occasions.
It is also an offence under section 22A to refuse a drug screening test and an oral fluid sample. Refusing to comply with the instructions given by the officer that is administering the test is also an offence and both charges face a fine of up to 30 penalty units.
If you plead guilty, or are found guilty of driving under the influence of drugs and a criminal conviction is imposed, there will be a licence disqualification period of 6 months – 3 years for first offenders, and 12 months – 5 years for repeat offenders.
There are no options for an alcohol interlock or restricted licence option for drug driving.
No. Unlike drink driving charges, there are not different levels of drug driving. As it is an offence of strict liability, the presence of any prescribed drug in your system – without a relevant defence – will result in a charge of drug driving.
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