NT drink driving: check your offence, licence notice and next step

Compare first-offence penalties before reading a repeat-offence table

Sections 19 and 21–23 of the Traffic Act 1987 define these ranges and penalties. Blood measurements are grams of alcohol per 100 mL; breath measurements use grams per 210 litres. The same numeric bands do not mean the units are interchangeable.

The comparison assumes the offence is legally classified as a first offence. The current penalty unit is $194 for 1 July 2026–30 June 2027; dollar amounts below use that value. The applicable amount depends on the offence date. These are statutory maxima and minimum licence periods, not a prediction of sentence or an all-inclusive cost.

Scroll the tables sideways to compare all columns.

Some public summaries give a mandatory three-month period for first low range. The current Act’s section 23 imposes that minimum on a second offence, with six months for a subsequent offence. This does not guarantee that a first offender keeps a licence or avoids other restrictions.

Check zero-alcohol rules and the history that counts

Section 24 requires zero alcohol for specified drivers, including under-18s, relevant learner and provisional licence holders, and certain unlicensed drivers. A first finding of guilt under that section carries at least three months’ disqualification. Do not apply the first low-range row to a zero-alcohol charge.

Section 25 has a separate zero-alcohol rule for specified vehicle drivers and people under 25 who have not held a licence continuously for three years. Vehicle categories and regulatory exceptions matter; it is not simply a rule for every heavy vehicle or every driver under 25.

Each offence has its own repeat-offence test. Relevant history can include other alcohol or refusal offences. For low range, a previous low-range offence has a specific three-year rule, and an infringement notice that was not withdrawn can count. Do not discard older or differently labelled matters without checking the applicable section.

Repeat medium or high range can carry longer mandatory disqualification followed by an alcohol ignition lock period. Certain high-range histories instead trigger a minimum five-year disqualification. An interlock is not automatic for every first high-range offence or every repeated low-range offence.

1. Obtain the actual charge section and final breath or blood result, not just a description such as “drink driving”.
2. Record your licence class, age, vehicle type and where your licence was issued.
3. Collect prior court outcomes, offence dates and infringement notices, including whether any notice was withdrawn.

Identify the document before deciding whether you can drive

The Traffic Act distinguishes immediate police action from a later court outcome. A notice under section 29AAN can be given for qualifying offences and takes effect when received. Do not assume a pending court date, an appeal or a paid booking gives permission to drive.

Scroll the tables sideways to compare all columns.

An appeal against a section 29AAN notice under section 29AAQ requires at least 14 days’ written notice to both the Registrar of Motor Vehicles and the Local Court; that is not a universal “file within 14 days” deadline. The court’s setting-aside power requires exceptional circumstances. A later appeal against a criminal conviction or order has a different route under the Local Court (Criminal Procedure) Act, ordinarily within 28 days, with service, fee and extension questions. Obtain advice promptly; neither route automatically permits driving.

Keep testing and refusal issues separate from the penalty comparison

A roadside screening result, an evidential breath analysis and a blood result are not the same document. Keep all readings, times, certificates and notices. If you dispute the allegation, give the lawyer an accurate chronology of driving, testing, any medical issue and what police required.

Refusing or failing to provide a sample can be a separate serious offence. The legal provision, type of request and any medical or other statutory exception matter. Do not assume every refusal carries one penalty, or that a medical explanation automatically provides a defence.

Testing requirements and evidentiary rules need examination against the actual material. A high reading alone does not settle every legal issue, and a possible procedural concern does not guarantee dismissal. This guide does not advise refusing a lawful test or supply a formula for defeating a charge.

Prepare a short, usable file for advice and the Local Court

Ordinary adult drink-driving prosecutions are generally dealt with in the Local Court. A first appearance can sometimes finalise the matter; an adjournment is not automatic. Read the court’s process guide and confirm your own listing. Do not miss court because an adviser has not yet replied.

1. Keep the charge, summons, bail papers, police suspension and every infringement notice together. Add when and how each was received.
2. Include the final alcohol result, analysis certificate and a factual timeline. Identify anything you dispute without altering or discarding records.
3. Bring your licence details, traffic history, previous orders and relevant offence dates.
4. Prepare evidence of income, expenses, dependants and the practical effect of licence loss. Explain work needs accurately; employment hardship is not permission to drive.
5. If relevant, collect genuine character references, treatment or course records, and other material your lawyer asks for. Completing a course does not guarantee a particular sentence.
6. List the decisions you need help with: charge and evidence, plea, licence position, documents for sentence, and any appeal or relicensing step.
7. Check the correct court registry, arrival time and interpreter or access needs. Read the court attendance guidance before the day.

If you cannot attend or need more time, contact your lawyer and the registry promptly and obtain clear instructions. Depending on the legal requirements and circumstances, nonappearance can lead to a hearing in your absence or a warrant. A phone call alone does not excuse attendance.

Check conviction, interlock and relicensing separately

The Sentencing Act permits decisions about recording a conviction in appropriate cases. That does not necessarily remove licence consequences triggered by a finding of guilt. The spent-conviction legislation also has conditions and exceptions; do not assume a result disappears automatically or never needs disclosure. Ask about the actual record and purpose of any question.

An alcohol ignition lock licence is subject to the Motor Vehicles Act and applicable orders. It can permit driving an approved, fitted vehicle during an eligible AIL period after the mandatory disqualification, not during that mandatory period. Licence-history and other eligibility requirements apply. It is not a general work-driving exemption.

Use the official interlock guide and ask MVR about your order, eligibility, approved supplier, costs and any available assistance. Device costs are separate from licensing fees. A first high-range offence alone does not mean every person must install a device.

The drink-driver course requirements and licence fees depend on the case. Confirm all conditions and that a valid licence has actually been issued before returning to driving. The end of a court period alone is not proof that you are licensed.

Choose help that matches your deadline and circumstances

NT Legal Aid’s helpline provides information, referrals and legal assistance within its scope. Its published number is 1800 019 343, Monday–Friday 8 am–4:30 pm. Ask about eligibility, urgency and the appropriate service.

Check the criminal duty-lawyer service for your court. Darwin’s stated duty service is for people in custody; do not assume every person attending on a summons will receive a duty lawyer. Ongoing representation requires assessment rather than being automatic.

If you want independent paid advice, use the checklist above to explain the charge, current licence position and nearest court date. The optional Legal Hotline booking route can arrange an eligible initial consultation where a suitable participating lawyer is available. Read the customer terms and confirm scope before paying.

Official help and free legal information

Ask about eligibility and current capacity promptly. An enquiry or application does not guarantee representation or a response before court.

NT drink-driving questions

Related legal information