Drink driving in Australia: find your state and check your next step

A fine, a licence suspension and a court date can require different action. Start with where the incident happened, the licence you hold and the documents you received. Use the state guide and checklist below before deciding what to do.

Key points

Drink-driving offences and licence consequences vary by state and territory. Record both where the incident happened and which authority issued your licence.
Check whether a notice already stops you driving. A future court date, an enquiry or a requested appeal does not by itself establish that you may drive.
The alcohol limit depends on your licence and vehicle. Learner, provisional and other special-driver rules can be stricter than the general limit; professional drivers do not all have one national rule.
A first offence does not have one national penalty. Some matters use infringement procedures, while others require court; mandatory disqualification and exceptions depend on the actual provision.
Interlock, education and relicensing requirements can continue after a disqualification period. Confirm what must be completed before driving again.
Use the notice and evidence checklist to prepare for advice. Choose your state for the relevant starting point, and check free help before the optional private consultation.

There is no single national drink-driving penalty in Australia. Your next step depends on the state or territory, exact allegation, alcohol reading, licence class, previous offences and any notice already issued. First check whether you are currently suspended or disqualified and record every response or court date. Use the state guide below; do not assume a national 28-day appeal period, automatic permission to keep driving, or one penalty for every first offence.

Checked on 23 October 2026: selected current state and territory legislation, NSW and ACT government guidance, legal-aid material and the Australian service terms. This guide identifies the next checks; it does not calculate an individual penalty or appeal deadline. Sources and limits of this check.

Read the notice before deciding whether you can drive

Keep every document, including the back page and attachments. Record the incident date, when each document was received, the effective suspension date, response deadline and any court listing. Several documents can operate together.

The Legal Aid NSW guide illustrates why an infringement election and a licence-suspension appeal are different steps. Choosing court can carry additional risks; do not assume it is simply a way to reduce a fine. The correct process and any stay of a suspension require their own check.

Scroll the tables sideways to compare all columns.

Which document are you dealing with?
Document or issue	What to check now	What not to assume
Infringement or penalty notice	The allegation, amount, due date, response options and any accompanying licence notice.	Paying or disputing the fine does not necessarily resolve the separate licence consequences.
Immediate or administrative suspension notice	When it takes effect, how long it operates, the issuing authority and any review or appeal instructions.	A court date or an appeal request does not by itself mean the suspension has stopped.
Court attendance notice, summons or charge sheet	The exact charge, court, date, attendance requirements and any bail conditions.	Every drink-driving allegation is not dealt with by a fine alone, and every matter is not automatically sent to court.
Court order or disqualification	The written orders, commencement and end dates, any credit already applied and conditions for a new licence.	The end of a period does not necessarily restore a cancelled licence or remove other restrictions.
Interlock or relicensing letter	The programme, eligibility, required course, installation, servicing, removal and licence conditions.	Completing a minimum period alone may not satisfy the programme or licensing requirements.

If a notice prohibits you from driving, do not drive. Confirm any uncertainty with the licensing authority and seek legal advice promptly. Arrange other transport to court in case an order prevents you driving home.

Choose the state or territory where the incident happened

Start with the place of the alleged offence. Also tell the adviser where your licence was issued and whether you have received another authority’s notice. A cross-border case may involve more than one licensing system.

These links help you ask the right question. The examples are not complete penalty tables, and an older offence may be governed by different rules.

Scroll the tables sideways to compare all columns.

State and territory starting points
Place	Legal Hotline guide	A useful distinction to check
New South Wales	NSW drink-driving guide	An infringement, an immediate suspension and court proceedings can involve separate decisions. Check the actual notice and the NSW rules.
Victoria	Victoria drink-driving guide	Licence cancellation, disqualification, behaviour-change requirements and an interlock can be separate parts of getting back on the road.
Queensland	Queensland drink-driving guide	Check eligibility for the current low-alcohol infringement process, rather than assuming every first offence requires court. Future changes are not today’s rules.
Western Australia	WA drink-driving guide	A first offence under section 64AA is not subject to the same mandatory disqualification rule as a repeat offence. Other licence rules can still matter.
South Australia	SA drink-driving guide	Distinguish an expiation notice from prosecution. Statutory disqualification rules include narrow qualifications; work hardship is not a universal exception.
Tasmania	Tasmania drink-driving guide	Check the exact alcohol offence, licence class and vehicle. Do not treat a national summary as the wording of the Tasmanian Act.
Australian Capital Territory	ACT drink-driving guide	Special-driver status and the alcohol level matter. A refusal allegation has its own elements and possible defences.
Northern Territory	NT drink-driving guide	The low-range offence has different first and repeat-offence rules. Section 23(4)’s mandatory cancellation applies to second or subsequent offences.

The state links lead to more detailed information; this page’s checked date applies to this national guide. Always use the actual notice and current official source for your next filing or driving decision.

Check your alcohol limit and the exact allegation

Most ordinary full-licence drivers should stay below 0.05 BAC, but that is not a universal permission to drive. Learner, provisional, interlock and specified vehicle rules can require zero alcohol or a lower limit. If you plan to drink, arrange not to drive; counting drinks is not a reliable way to decide that you are under the limit.

For example, the NSW government guide identifies an under-0.02 limit for specified public-passenger, dangerous-goods and heavy-vehicle driving. Other jurisdictions use different zero-alcohol categories. A job title such as “professional driver” does not identify one nationwide limit.

Exact statutory wording matters too. Tasmania’s section 6 distinguishes its general excessive-concentration offence from the zero-alcohol categories. A brief national summary should not be used to decide liability at a boundary reading.

Keep the certificate or printout showing the reading, units, test type and time. Blood alcohol is commonly expressed in grams per 100 millilitres of blood and breath alcohol in grams per 210 litres of breath. Copy the units accurately instead of treating every number as a blood percentage.

A concentration offence, driving under the influence, refusal or failure to provide a sample, and combined alcohol/drug offending are different allegations. Being in charge of a vehicle can also matter under particular laws; movement is not the only possible issue.

A refusal allegation needs the exact requirement and circumstances. For example, ACT section 22 contains a medical-ground or other reasonable-excuse defence for the specified failure/refusal provision. That is not permission to refuse a lawful test or a defence that can simply be copied into every jurisdiction.

Will you lose your licence, and can you keep driving for work?

Many offences carry mandatory disqualification, but “every drink-driving conviction automatically loses your licence” is not a reliable national rule. The charge, reading, licence conditions, previous offences and applicable exceptions need checking together.

For example, WA section 64AA distinguishes first from repeat offending; NT section 23(4) imposes its mandatory low-range cancellation/disqualification on second or subsequent offences. These distinctions do not establish that a particular driver is free of other licence consequences.

In Victoria, Victoria Legal Aid explains that there is no work licence allowing driving during disqualification. The current Road Safety Act contains the actual cancellation and disqualification provisions and qualifications. In states with restricted-licence pathways, eligibility and conditions are limited; needing a car for work does not guarantee an order.

If work or caring responsibilities are relevant, gather accurate evidence of the duties, travel, available alternatives and likely effect of licence loss. Ask whether that evidence can affect the lawful outcome in your case. Do not rely on an assurance that a reference, course or guilty plea will remove a statutory minimum.

Separate the penalty from the steps needed to drive again

An alcohol interlock is a breath-testing device connected to a vehicle’s starting system. Whether you need one, the applicable threshold, duration, exemptions and removal requirements depend on the jurisdiction and offence. There is no single national annual price or universal high-range/repeat-offender rule.

The Victorian guide explains programme, behaviour-change and relicensing steps; the ACT guide describes its own interlock and education requirements. Check the licensing authority’s instructions and the actual order rather than assuming another state’s programme applies.

Budget separately for any fine, court fee, lawyer work, course, licence application and interlock installation, servicing or removal. Ask the authority or approved provider about current charges and any concession or hardship process. A possible concession is not an exemption from the underlying offence.

Before driving again, confirm your licence is valid, the suspension or disqualification has ended, other restrictions have been resolved and all required conditions are satisfied. A lawyer consultation does not itself restore a licence, lodge an appeal or complete a programme.

Save this notice and evidence checklist

Identify the case: state or territory, incident date, licence-issuing authority, licence class and conditions, vehicle type and whether you were driving or supervising.
Collect all documents: infringement, suspension notice, charge sheet, court attendance notice, bail papers, police facts, test certificate or printout, court orders and licensing letters. Keep complete copies and the dates received.
Record the reading and timeline: exact number and units, test type and time, relevant events and any medical issue. Separate what you remember from what a document says; do not guess missing details.
Check the record: prior traffic or criminal outcomes, existing suspension/disqualification, interlock conditions and other proceedings. Ask how the applicable law counts earlier offences.
Prepare the next decision: response/court dates, what you dispute, questions about driving now, work or caring evidence, income/expenses and the outcome you want advice about. Confirm what must actually be filed and by whom.

This checklist helps you prepare; it does not select a plea, calculate a legal deadline or predict a sentence. Seek advice before accepting disputed police facts or electing court. Send sensitive documents only through the lawyer’s agreed channel.

Optional initial private consultation — AUD$295

A lawyer can assess the notice, allegation, evidence and licence position in your jurisdiction. Bring the checklist and explain the next date immediately. Ask whether document review, an appeal, preparation or a court appearance needs a separate engagement.

Legal Hotline is not a law firm. The optional AUD$295 including GST booking and arrangement fee pays Legal Hotline for its platform service. Eligible bookings include an initial consultation with an independent Australian lawyer at no further lawyer charge. Further work and court representation are agreed and charged separately by the lawyer.

Arrange a lawyer consultation — AUD$295 Free information: 1800 951 176

Suitability, acceptance, conflicts and availability apply. Booking does not stop a deadline or authorise driving. The free 1800 951 176 line is available 24/7 for AI-generated general information, not individual advice from a lawyer. Do not rely on an AI answer to decide whether you may drive or which plea to enter.

Official help and free legal information

Legal-aid commissions offer information and may provide advice or representation under their own criteria. Free information is not a promise of a free lawyer or court appearance. Tell the service about the next deadline and court date.

LawAccess NSW

1300 888 529, Monday–Friday 9am–5pm excluding public holidays. Information and referrals; eligible callers may be referred for legal advice.

Victoria Legal Aid

Read the drink-driving guide and use its legal-help routes. Advice and court assistance depend on eligibility and the service available.

Legal Aid Queensland

1300 651 188, Monday–Friday 8:30am–4:30pm AEST excluding public holidays. Ask about information, eligibility and the correct help for your notice.

Legal Aid Western Australia

1300 650 579, Monday–Friday 9am–4pm WST excluding public holidays. Information officers explain services; the line does not itself provide individual legal advice.

Legal Services Commission South Australia

1300 366 424, weekdays 9am–4:30pm excluding public holidays. Free advice of a general nature; ongoing representation has separate eligibility rules.

Tasmania Legal Aid

Use the current contact page to find the appropriate office or legal-help route and explain any urgent court date.

Legal Aid ACT

1300 654 314, Monday–Thursday 8:30am–7pm and Friday 8:30am–5pm. Helpline paralegals give general information and arrange appointments; the helpline is not itself individual legal advice.

Northern Territory Legal Aid

Check the official helpline route for current contact and assistance options. Advice or representation depends on the applicable service and eligibility.

Common questions about drink driving in Australia

Is the drink-driving limit 0.05 everywhere in Australia?

The general limit is commonly described as 0.05, but licence class, vehicle and state rules matter. Learner, provisional and other special-driver categories can require zero alcohol or a lower limit; specified NSW professional-vehicle categories use an under-0.02 limit. Exact statutory boundary wording also differs. Do not use a national summary or drink count as permission to drive.

Will a first drink-driving offence automatically mean losing my licence?

There is no single national answer. Many offences carry mandatory licence consequences, while some first-offence provisions differ from repeat-offence rules. For example, WA section 64AA and NT section 23 distinguish first and repeat offending. Check the exact charge, licence conditions and any separate suspension; those examples do not establish that you may drive.

Can I keep driving until the court date or while an appeal is pending?

Do not assume so. Check whether a suspension, disqualification or other restriction already applies and when it takes effect. An enquiry, booking or appeal request does not by itself establish permission to drive. Obtain confirmation about the actual notice and any required stay or order before driving.

Will I need an alcohol interlock, and what does it cost?

The offence, jurisdiction, licence history and current programme rules determine whether an interlock is required. Installation, servicing, removal, education and licence charges may be separate. Check the current authority and approved-provider charges, conditions and any hardship assistance; there is no reliable single national price or universal requirement for every high-range or repeat case.

Do I have 28 days to appeal a drink-driving decision?

There is no universal national 28-day period. An infringement response, suspension appeal and appeal from a court decision are different processes. Check the actual document, when it was received, the applicable procedure and any extension or stay requirements immediately. Seeking advice does not itself lodge anything or stop time running.

What should I prepare before speaking to a drink-driving lawyer?

Gather the complete notice or charge, suspension documents, court date, reading and units, licence details, relevant history and a short factual timeline. Include work or caring evidence if relevant. Legal Hotline’s optional AUD$295 including GST arrangement includes an initial independent-lawyer consultation at no further lawyer charge; later work is separate. Free legal-aid options have their own eligibility rules, and the free Legal Hotline phone line provides AI information.

Sources and update record

Checked 23 October 2026 against selected current provisions and official guidance. The guide distinguishes national orientation from state-specific rules; it is not a complete penalty, testing-power, appeal, interstate-recognition or interlock audit. Offence dates, licence conditions, actual notices and individual facts can change the answer. Where a summary simplifies the law, the applicable legislation controls. Commercial-service sources verify the arrangement model, not the law.

General information only, not legal advice. Updated 23 October 2026. Checked against the sources above on 23 October 2026.