Driving and traffic law
Alcohol: The drink-driving offences
Driving while over the alcohol limits
Adults driving over the alcohol limits
Land Transport Act 1998, ss 11, 11A, 12, 58(1)ย
If youโre 20 or older, you must not drive, or try to drive, a vehicle while:
- your breath-alcohol level is more than 250 micrograms per litre, as shown by an evidential breath test, or
- your blood-alcohol level is more than 50 milligrams per 100 millilitres, as shown by a blood test.
There are two levels of penalties, depending on how far over the limits you are:
- Infringement notice if under 400 mcg / 80 mg โ If your breath-alcohol level is between 250 and 400 micrograms, or if your blood-alcohol level is between 50 and 80 milligrams, you can be given a $200 on-the-spot infringement notice. This is similar to a speeding ticket, in that you donโt have to go to court and you donโt get a criminal record (see: โCourt processes: How driving offences are dealt withโ). Youโll also get demerit points.
- Criminal charges if over 400 mcg / 80 mg โ If your breath-alcohol level is more than 400 micrograms, or your blood-alcohol level is more than 80 milligrams, you can be prosecuted through the courts. If youโre convicted, your sentence will depend on if itโs your first drink-driving offence or not (see below). Youโll also be automatically disqualified for at least six months.
Possible sentences for drink-driving offences
- If itโs your first drink-driving offence, youโll typically have to pay a fine in proportion to how far over the limit you are.
- For being over the breath-alcohol limit, the dollar amount of the fine will usually be the same as your breath-alcohol level โ for example, for breath-alcohol of 500 mcg (100 mcg over the limit), youโll be fined $500, for 600 mcg youโll be fined $600, and so on.
- For being over the blood-alcohol limit, typical fines for a first offender work in the same way, but multiplied by five โ for example, if your blood-alcohol level is 100 mg (10 mg over the limit), youโll be fined $500, for 120 mg youโll be fined $600, and so on. As well as the fine youโll usually have to pay court costs.
- For a second drink-driving offence, likely sentences can depend on a number of factors, like how soon after the first offence it was.
- For a third offence, the maximum penalties are much more serious (see: โRepeated or serious drink/drug driving: Heavier penaltiesโ).
Under-20s driving over the alcohol limit
Land Transport Act 1998, s 11(c)
If youโre under 20, the breath-alcohol and blood-alcohol limits are zero. So if you have any alcohol at all in your breath or blood, you can be fined and given demerit points.
Land Transport Act 1998, ss 56, 57
There are three levels of penalties for driving over the breath or blood-alcohol limits when youโre under 20, depending on how far over the limits you are:
- Infringement notice if under 150 mcg / 30 mg โ If your breath-alcohol level is between zero and 150 micrograms, or your blood-alcohol level is between zero and 30 milligrams, you can be given an $200 on-the-spot infringement notice, and youโll also get demerit points. You donโt get a criminal record for this.
- Criminal charges if over 150 mcg / 30 mg โ If your breath-alcohol level is between 150 and 400 micrograms, or your blood-alcohol level is between 30 and 80 milligrams, you can be prosecuted through the courts. If convicted, you can be imprisoned for up to three months or fined up to $2,250. Youโll also be automatically disqualified for at least three months, and youโll get demerit points.
- Heavier criminal penalties if over 400 mcg / 80 mg โ If your breath-alcohol level is more than 400 micrograms, or your blood-alcohol level is more than 80 milligrams, you can be imprisoned for up to three months or fined up to $4,500, and youโll be automatically disqualified for at least six months. Those penalties are the same as for adult drivers.
Note: If you hold an alcohol interlock licence or a zero-alcohol licence, the legal limit for you is zero alcohol.
Driving while affected by alcohol
Offence to drive when incapable of control because of alcohol
Itโs an offence to drive, or try to drive, while youโre under the influence of alcohol so that you canโt properly control your vehicle.
For a first or second conviction, you can be imprisoned for up to three months or fined up to $4,500, and youโll be automatically disqualified for at least six months.
