Negosentro.com | Drink Driving Laws & Penalties: Everything You Need to Know | About 30% of road accidents in Australia are due to drunk driving. This has been persistent for many years. Additionally, one out of four deaths of drivers or riders is due to the high blood alcohol content(BAC) than the set limit. Due to such repetitive occurrences, law enforcers in Australia treat drink driving as a serious offense. Such wrongdoings result in you going to court, and that requires you to get a DUI lawyer to help you in court.
If you are not familiar with the ever-changing drink driving laws and penalties, you will get all that and more in this guide.
Definition of Drink Driving
This is when an individual drives a car under the influence of alcohol, and the alcohol level is above the set limit. Although the alcohol level in your blood is small, you are driving, and it will be categorized as driving while drunk.
Levels of Blood or Breath Alcohol Concentration
There are four primary levels or types of drunk driving. They include;
- Level 1(special and novice range) – BAC of less than 0.05
- Level 2 (low-range) – BAC of between 0.05 to 0.079
- Level 3 (Mid-range) – BAC of between 0.08 to 0.149
- Level 4 (high range) – BAC of between 0.15 and above
Another type is driving under the influence or DUI.
Levels 1 and 2 only apply to learners (L), probationary (P), and interlock device license holders.
All these types of drunk driving attract different penalties when convicted.
Penalties of Drunk Driving
Once you are arrested and presented in court, the magistrate will convict you depending on BAC’s level. Therefore, in this section, you will learn about different penalties depending on your BAC level during apprehension.
The penalties differ with regions. In this guide, we focus on the following Australian areas.
- New South Wales
- Australian Capital
- Northern Territory
- Queensland
Other regions, too, have their specified penalties.
Note: All these penalties are for first-time drivers.
Level 4 or High-Range Drink Driving Penalties
Are you driving, and law enforcers arrest you because the blood or breath alcohol concentration is above 0.15g and more? Then you will face the following penalties.
For drivers in New South Wales, you will receive imprisonment of a minimum of eighteen months or a fine of $3,300.
If you are a driver in the Australian Capital, expect nine months imprisonment or a fine of $4,200.
In the Northern Territory, you will receive a jail sentence of a minimum of twelve months or a fine of $1,300.
A magistrate in Queensland will sentence you to nine months or pay $3,188 for this offense.
Level 3 or Mid-Range Drink Driving Penalties
In the Australian Capital, you get sentenced to six months in prison or pay $1,400.
If you are in New South Wales, such a felony will result in nine months of imprisonment or pay $2,200.
For residents who stay or live in the Northern territory, expect a jail term of six months or a fine of $975.
Lastly, in Queensland, you will be sentenced to six months in prison or a fine of $2,227.
Level 2 or Low-Range Drink Driving Penalties
If you live or stay in the Australian Capital and New South Wales, this offense doesn’t attract jail term but a fine.
In the Australian Capital, you will pay $700 while in New South Wales $2,200.
As for the Northern territory, you will be prisoned for three months or pay $650.
Whereas in Queensland, a magistrate will sentence you to three months in prison or a fine of $1,594.
Level 1 Penalties
This is for a novice, special drivers, and others whose BAC is less than 0.05g in Australian Capital, Queensland, and Northern territory. While in New South Wales is for those whose BAC is less than 0.02g.
It also doesn’t attract any jail term for those in the Australian Capital and New South Wales. But if you are from the Northern Territory and Queensland, you will be sent to prison for three months.
You will pay $700 in the Australian Capital, $2,200 in NSW, $650 in the Northern territory, and $1,594 in Queensland.
Note:
Drivers who commit this offense for the second time in New South Wales will be imprisoned for not less than two years or a fine of $5,500.
Whereas in the Australian Capital, you will be jailed for not less than a year or a fine of $4,200 for second-time offenders.
If you commit this offense for a second time, your license will be disqualified for not less than two years or a fine of $6,600.
Additionally, if you are a first-time driver caught driving while drunk, your license can be suspended when presented in court.
What Factors Do Magistrates Check Before Sentencing?
Before your sentence, the magistrates usually consider the following things.
- If you have convincing reasons why you were driving while drunk
- The driver’s traffic record
- Age and health condition of the driver
- Were there any injuries, damages, or collision?
- Did you have drivers while driving?
- If the sentence will hurt your dependents, income, or work
- Unusual driving
Conclusion
Many lives have and are being lost daily in Australia due to driving while under the influence of alcohol. However, Australian law enforcers have strict rules and regulations for all drivers who commit this offense.
Therefore, I hope you now know all the drink driving laws and penalties in various Australian regions.
