Driving and traffic law
Drink/drug driving
Drink/drug driving offences and penalties
Land Transport (Offences and Penalties) Regulations 1999 (LTOPR) Land Transport Act 1998
See the table below for a summary of drink/driving offences and penalties.
Any of those offences can also result in your vehicle being confiscated by the courts if you were driving it at the time of the offence (see: “Losing your vehicle: Impounding and confiscation”).
If you’re convicted of one of these offences, you’ll also have to pay a $50 offender levy. You’ll usually also have to pay court costs and blood analysis fees. You can also be ordered to pay reparation (“compensation”) to another person for the damage or harm you caused, including emotional harm.
Sentencing Act 2002, ss 14, 105B, 105D Costs in Criminal Cases Act 1967, s 4 Land Transport Act 1998, s 67
Penalties are often more serious for repeat offenders (see: “Repeated or serious drink/drug driving: Heavier penalties”).
Summary of drink/drug driving offences and penalties
| The drink-drug driving offence (Land Transport Act) | The penalty |
| Adult driving with between 250–400 mcg breath-alcohol or between 50–80 mg blood-alcohol (s 56(1A), (2A)) | $200 infringement fee; 50 demerit points (LTOPR) |
| Adult driving with between 50–80 mg blood-alcohol, and refusing evidential breath test (s 56(2B)) | $700 infringement fee; 50 demerit points (LTOPR) |
|
First or second offence: up to three months’ prison or up to $4,500 fine; at least six months’ disqualification
Third offence or more: up to two years’ prison or up to $6,000 fine; at least one year’s disqualification |
|
First or second offence: up to three months’ prison or up to $4,500 fine; at least six months’ disqualification (or nine months in respect of certain drugs)
Third offence or more: up to two years’ prison or up to $6,000 fine; at least one year disqualification |
| Under-20 driving with breath/blood-alcohol more than zero but less than 150 mcg / 30 mg (s 57(1A), (2A)) | $200 infringement fee; 50 demerit points (LTOPR) |
| Under-20 driving with breath-alcohol between 150–400 mcg or blood-alcohol between 30–80 mg (s 57(1), (2)) | Up to three months’ prison or up to $2,250 fine; at least three months’ disqualification; 50 demerit points (LTOPR) |
| Not remaining after a breath screening test (s 59(1)(a)) | Up to $4,500 fine; disqualification for as long as judge decides |
|
Up to $4,500 fine; disqualification for as long as judge decides |
| Refusing to have a blood test or drug impairment test (s 60) | First or second offence: up to three months’ prison or up to $4,500 fine; at least six months’ disqualification
Third offence or more: up to two years’ prison or up to $6,000 fine; at least one year disqualification |
| Drink/drug driving causing injury (s 61(3)) | Up to five years’ prison or a fine up to $20,000; at least one year disqualification |
| Drink/drug driving causing death (s 61(3AA)) | Up to 10 years’ prison or a fine up to $20,000; at least one year disqualification |
| Careless driving causing injury or death when you’re under the influence of drink/drug – but not incapable of proper control, not over alcohol limits, and passing a drug impairment test (s 62) | Up to three years’ prison or a fine up to $10,000; at least one year disqualification |
