Drinking and driving is never a good idea, and Australia has a robust legal system in place to enforce this principle. But did you know the penalties for drink driving vary significantly depending on the state or territory? Whether you’re a local or just visiting, understanding Australia’s drink driving laws can save you a costly mistake—or even save a life. We will explain the drink driving penalties in each Australian state and territory, guiding you through what you need to know to stay safe and compliant. 

What Are Drink Driving Laws in Australia? 

Drink driving laws are designed to prevent drivers from operating a vehicle under the influence of alcohol. Across Australia, these laws use Blood Alcohol Concentration (BAC) as a key measure. A BAC limit indicates how much alcohol is permissible in your bloodstream while driving. 

The general rule of thumb? A BAC of 0.05% is the legal limit across most Australian states for fully licensed drivers. However, there are stricter rules for learner and probationary drivers, along with heavy vehicle operators. 

The consequences of exceeding these limits can be severe—ranging from hefty fines and licence suspension to imprisonment. Let’s explore the penalties by state and territory. 

New South Wales (NSW) 

Drink driving offences in NSW fall into several categories based on BAC levels. 

• Low-range (0.05 – 0.079% BAC): Fines of up to $2,200 and a three-month licence suspension. 
• Mid-range (0.08 – 0.149% BAC): Fines of up to $3,300 and a six-month licence suspension. You may also face mandatory interlock devices. 
• High-range (0.15% or higher BAC): Fines of up to $5,500, vehicle impoundment, and a court-imposed licence suspension for 12 months or more. Repeat offenders may face up to two years in prison. 

NSW takes a tough approach to protect road users, and penalties escalate quickly if an accident or injury is involved. 

Victoria 

Victoria has its own set of drink driving penalties, which are equally stringent. 

• BAC between 0.05% and 0.069%: Licensed drivers face fines and mandatory behaviour change programs. 
• BAC of 0.07% or higher: Immediate licence cancellation for at least six months. Learner and probationary drivers face a BAC limit of 0.00%—any breach results in licence suspension. 

Victoria is known for focusing on rehabilitation, requiring first offenders to complete education programs before regaining their licence. 

Queensland (QLD) 

Queensland separates its drink driving penalties by licence type and BAC level. 

• General limit (0.05 – 0.149% BAC): 1-9 months’ licence disqualification and fines starting at $1,078. 
• BAC of 0.15% or over: Immediate licence suspension, fines up to $4,500, and possible imprisonment for repeat offenders. 

Unique to Queensland is the Alcohol Ignition Interlock Program. Drivers with serious offences must install a breathalyser device in their personal vehicle to ensure they’re sober before driving. 

South Australia 

South Australia enforces its drink driving laws with fines and demerit points. 

• BAC of 0.05 – 0.079% (for first offenders): Over $600 fine plus disqualification from driving for three months. 
• BAC of 0.08% or higher: Substantial fines exceeding $1,300, at least six-month licence disqualification, and possibly court appearances. 

Learner and probationary drivers, like in other states, must maintain a BAC of 0.00%, with hefty penalties for non-compliance. 

Western Australia (WA) 

Western Australia follows a similar structure but with its own nuances. 

• BAC between 0.05% and 0.08%: Penalties include fines ranging from $400 to $1,200, plus demerit points. 
• BAC exceeding 0.08%: The consequences escalate to up to $2,500 in fines and licence disqualification. 

Repeat offences in WA are met with severe penalties. Courts can also impose community service hours in certain cases. 

Tasmania 

Tasmania enforces drink driving penalties under its Road Safety Act. 

• Low-range offences (0.05 – 0.10% BAC): Licence suspension for at least three months and fines between $400 and $3,000. 
• High-level offences (0.15% BAC and above): Greater penalties, including possible jail time. Tasmania also requires alcohol interlock devices for serious offenders. 

Northern Territory (NT) 

The Northern Territory has some of the harshest drink driving penalties. 

• BAC of 0.05% or above: Immediate suspension of your licence, with fines starting at $500. 
• Repeat offences: Drivers can face court convictions, extended disqualifications, and prison terms. 

Given its sprawling geography and reliance on road transport, NT enforces strict alcohol-related laws to ensure public safety. 

Australian Capital Territory (ACT) 

ACT governs drink driving offences with detailed penalty classifications. 

• BAC of 0.05% to 0.079%: Expect a fine and 3-month disqualification. 
• Higher BAC levels or repeat offences: Fines increase up to $3,000, with licence disqualification reaching a minimum of 12 months. 

ACT also offers an “Alcohol Awareness Course” for offenders, aiming to reduce repeat incidents. 

Why These Laws Matter 

Driving under the influence isn’t just illegal—it’s a public safety hazard. On average, around 30% of road fatalities in Australia are linked to drink driving. Here’s why adhering to these laws is so crucial: 

• Lives are at stake: What might seem like a “quick trip home” can result in irreversible tragedies. 
• Legal costs: Fines, court fees, and increased insurance premiums can add up quickly. 
• Career risks: Licence disqualification or a criminal record could impact your career prospects. 

By educating yourself about the penalties and sticking responsibly to the limits, you can play your part in keeping roads safe for everyone. 

Practical Steps to Avoid Drink Driving 

Want to avoid finding yourself on the wrong side of these penalties? Here are some actionable tips to help you stay safe on the road. 

• Appoint a designated driver: Take turns among your group to stay alcohol-free when out. 
• Use public transport or rideshare apps: Skip the drive altogether if you plan to drink. 
• Track your consumption: There are smartphone apps available to help calculate your approximate BAC levels. 
• Plan ahead: Book accommodations near your venue or arrange for someone to pick you up. 

Navigating drink driving laws can feel overwhelming, but they exist for an important reason—your safety and that of others.

Stay responsible, and remember that when in doubt, it’s better to skip driving altogether.