Drink Driving with Excess Breath/Blood Alcohol

Drink driving is a serious problem. It's one of the leading causes of accidents and fatalities on the road. If you're caught driving with excess breath or blood alcohol, you could face serious consequences. So be safe and don't drink and drive.

The Law

If you are 20 years old or older

You are not allowed to drive or attempt to drive a motor vehicle while:

alcohol in your breath is more than 250 micrograms of alcohol per litre of breath using a breathalyser; or
alcohol concentration in your blood is more than 50 miligrams of alcohol per 100 mililitres of blood in a blood test

If you are under 20 years old

You are not allowed to drive or attempt to drive a motor vehicle while there is any alcohol in your breath or in your blood. i.e. there is zero tolerance for this age group.

The Penalty

If you are 20 years old or older

Infringement notice

You may be handed an infringement notice and be required to pay a fine of $200 (as if you were given a speeding ticket) where:

you have been found to have alcohol in your breath which is measured between 250 micrograms and 400 micrograms per litre of breath; or
you have been found to have alcohol in your blood which is between 50 miligrams to 80 miligrams of alcohol per 100 mililitres of blood

Criminal conviction

You will be required to appear in the court to face a criminal charge if:

you have been found to have alcohol in your breath which is more than 400 micrograms per litre of breath; or
you have been found to have alcohol in your blood which is more than 80 miligrams of alcohol per 100 mililitres of blood

You could be sent to prison for up to three months or be required to pay a fine up to $4,500, AND be disqualified for at least six months from driving.

If you are under 20 years old

Infringement notice

You may be handed an infringement notice and be required to pay a fine of $200 (as if you were given a speeding ticket) where:

you have been found to have alcohol in your breath which is measured between 0 microgram and 150 micrograms per litre of breath; or
you have been found to have alcohol in your blood which is between 0 miligram to 30 miligrams of alcohol per 100 mililitres of blood

Criminal conviction

You will be required to appear in the court to face a criminal charge if:

you have been found to have alcohol in your breath which is measured between 150 micrograms and 400 micrograms per litre of breath; or
you have been found to have alcohol in your blood which is between 30 miligrams to 80 miligrams of alcohol per 100 mililitres of blood

You could be sent to prison for up to three months or be required to pay a fine up to $2,250, AND be disqualified for at least three months from driving.

Criminal conviction - same as adult

You will be required to appear in the court to face a much stronger criminal punishment if:

you have been found to have alcohol in your breath which is more than 400 micrograms per litre of breath; or
you have been found to have alcohol in your blood which is more than 80 miligrams of alcohol per 100 mililitres of blood

You could be sent to prison for up to three months or be required to pay a fine up to $4,500, AND be disqualified for at least six months from driving.