Drink Driving Limit: How Long After Drinking Can I Drive in Australia

By Ricardo
Driving Tips

Drink driving can be life-altering for drivers, passengers, and other people on the roads. In Australia, around 30% of fatal car crashes are caused because of drink driving. This is why strict drink driving limits are set to protect against fatal accidents. 

The learner and provisional drivers’ BAC limit is 0.00 alcohol concentration in all states. And unconditional or full driver’s licence BAC is less than 0.05. If you exceed the limit, you will get penalties based on the state’s rules. 

In this guide, we will discuss the drink-driving limit in all Australian states. We will also discuss the penalties for exceeding the drinking limits. You will know how long after drinking you should drive on Australian roads. 

 #01 What Is Blood Alcohol Concentration (BAC)?

The blood alcohol concentration (BAC) is the amount of alcohol in your blood. BAC is measured in every 100 millilitres of blood in your body. 

If the BAC in your body is measured 0.02, it means-

  • You have 0.02 grams or 20 milligrams of alcohol in every 100 millilitres of blood in your body. 

A  Police breathalyser or a medically administered blood test is the accurate BAC calculation method. Several factors are taken into consideration to do so. They include:

  • Body weight: People with lower body weights will have higher BAC compared to people with higher body weights. 
  • Standard Drink: containing 10 grams of alcohol in any drink.
  • Gender: Females will have higher BAC than males of the same sizes . Females have fewer enzymes , which break down the alcohol.
  • Age: Older people may have higher BAC than younger ones. 
  • Stomach: Drinking with an empty stomach will have a higher BAC. 
  • Body Fat: If you have higher body fat, you will be measured with higher BAC. 
  • Liver Health: Since the liver breaks down the alcohol most, lower BAC will be measured with a healthy liver. 

However, to get a quick measurement, you can use a standard BAC calculator to measure the BAC level. 

 #02 The Effects of Alcohol on Driving

The following data will help you to understand the effects of alcohol on driving. 

  • In South Australia, 18% of drivers and riders are killed in road crashes. The data shows these drivers have a BAC of 0.05 or higher. 
  • Drink driving is the cause of 18% of all fatal crashes in NSW. 
  • In Queensland, 58 people die, and 754 people get seriously injured every year on average. 
  • In Victoria, 1 in 5 drivers are killed in a road crash because of a BAC level higher than 0.05. 
  • In Western Australia, 20% of road crash deaths are caused due to alcohol-related driving. 
  • In Tasmania, 24% of road crashes are caused because of drink-driving. 

Too many casualties, right? But how does alcohol affect you? Here are the reasons. 

Alcohol Slows Down Your Reaction Time

Alcohol slows down your reaction time. Since alcohol is a depressant, it depresses your central nervous system. As a result, you can’t react as usual. Rather, you will react much more slowly. 

So, when an accident is going to happen, you can’t react fast and save yourself from the crash. 

It Causes Impaired Vision and Hearing

Drinking causes your eyesight to blur. Because instant drinking increases your sugar level, which leads to blurred vision . As a result, your brain malfunctions and your eyes and brain can’t contact each other normally. 

At the same time, drinking also causes disorientation in your inner eyes . This causes a disorder in understanding sounds around you.  

So, when you drink, you go through the impairment threshold of eyes and hearing. You can’t see cars approaching your sides or in the opposite directions. Also, you may not hear the warning sounds of train crossing or car horns. 

Also, if you notice everything at the last moment, it will throw you into poor coordination. You won’t be able to do what you need now. As a result, it is highly intended to crash in such a moment. 

You Will Gain a False Sense of Confidence

When you drink, alcohol forces your brain to release a flood of dopamine. Dopamine release gives you pleasure, and you will feel confident for the time being.

But in reality, you are not capable of doing something that you could do in your normal condition. So, this false confidence may push you to do something extraordinary when driving, which you wouldn’t do in your normal state. 

So, the possibilities of crashes increase. 

 #03 Legal BAC Limits in Different States of Australia

Every state in Australia has their own drink-driving limit. However, the irony is that 56.3% of drivers responded in a survey that they were unclear about the drink-driving limit. They are aged between 18 to 27 .  

Here, we have discussed the drink driving limit of all states according to their own laws. 

#1 New South Wales (NSW)

The New South Wales (NSW) Authority doesn’t allow you to drive when you are affected by alcohol. In NSW, there are 3 BAC limits for drivers. They are 0.00, 0.02, and 0.05. 

Drivers Fall Under “Zero BAC Alcohol “

You must follow zero BAC in your blood if you have fallen into the following conditions. 

  • Learner drivers must have Zero BAC. 
  • P1 and P2 drivers and riders. 
  • Visitors with overseas licence. 
  • Interstate learner, provisional or equivalent licences. 

Drivers Fall Under “Below 0.02 BAC”

You must have under 0.02 BAC in the following situations. 

  • If you drive a vehicle that carries dangerous goods.
  • If you drive a vehicle with “GVM (gross vehicle mass)” greater than 13.9 tonnes. 
  • If you are a public vehicle like a bus or taxi driver. 

Drivers Fall Under “Below 0.05 BAC”

You can drive with a BAC over 0.02 but must be below 0.05 with the following conditions.

  • All other drivers with full licences. Visitors licence of other states. But , they must not be subject to the 0.00 or 0.02 limit.  

However, NSW Authorities recommend you not to drink any alcohol while driving, even if you are allowed with limitations. 

#2 Queensland (QLD)

In Queensland, there are 2 Breath Alcohol Concentration (BAC) limits. They are under 0.00 (No Alcohol) and below 0.05. 

#1 Drivers Fall With Zero (0.00) BAC Limit

If you are one of them, you must drive within the zero BAC limit in Queensland. 

  • Learner drivers
  • All provisional drivers (P1 and P2)
  • If you are a probationary or restricted licence holder and learning to drive the next higher class of licence and they are under the authority of their-
    • Provisional licence
    • Probationary licence, or 
    • Open licence. 
  • If you are a class RE motorcycle licence holder for the first 12 months and this is your 
    • RE motorcycle provisional
    • Probationary
    • Restricted, or
    • Open licence. 

The zero BAC also applied for the following conditions. 

If you drive or are in charge of a:

  • Truck. The GVM must be greater than 4.5 tonnes. 
  • A bus. If the bus is built or capable of carrying 12 adults, including the driver.
  • An articulated motor vehicle. This includes road trains or B-double. 
  • Public passenger service vehicle. This includes taxis, ride-booking vehicles , etc. 
  • A vehicle you use to train other drivers
  • Pilot vehicle, tow truck, escort vehicle. 
  • A vehicle which is carrying a load of dangerous goods. 

#2 Drivers Fall Under “Below 0.05 BAC”

If you fall in the following conditions, you must have below 0.05 BAC when driving in Queensland.

  • An open licence holder. 

#3 South Australia (SA)

SA also has two BAC limits in its areas. They are zero BAC and below 0.05 BAC.  

Drivers Fall Under “Zero BAC Limit”

If you are the holder of any of the following licences, you must drive with zero BAC. No alcohol is allowed in your blood when driving. 

  • Learner driver
  • Provisional drivers (P1 and P2)
  • Probationary driver. 

Zero BAC is also applied to the following drivers: 

  • Bus drivers
  • Taxi drivers
  • Heavy vehicle drivers
  • Dangerous goods carrying vehicle drivers
  • R-Date licence holder (power restricted motorcycle) classification.

Drivers Fall Under “Below 0.05 BAC Limit”

You must have a BAC of below 0.05 if you are an-

  • Unconditional licence holder (full licence)
  • A qualified supervised driver who supervises a learner driver when he drives. 

#4 Victoria (VIC)

In Victoria, you have to go through any of two BAC limits. They are zero BAC and below 0.05 BAC.  

Drivers Fall Under Zero Blood Alcohol Concentration Limit

You must have zero blood concentration if:

  • You are a learner driver.
  • You are a provisional driver (P1 and P2 both).
  • You are an authorised driving instructor (including an authorised driving supervisor to the learner drivers).
  • Your driver’s licence is permitted with a ‘Z’ or ‘I’ condition. 
  • You are a restricted motorcycle rider.
  • You drive an agricultural or rigid truck that has more than 4.5 GVM.
  • You drive a commercial or passenger vehicle, including a bus or taxi. 

This will be an offence if you drive with over 0.00 BAC and fall under one of the conditions mentioned above.  

Drivers Fall Under “Below 0.05 BAC Limit”

Except for the zero BAC limit, you must have below 0.05 BAC when driving. This is for all full licence holders.  

However, except for BAC, you also must not drink when you are driving a vehicle on Victoria’s road. You can’t also drink when you are sitting beside a learner driver as a driving supervisor. 

#5 Western Australia (WA)

Like most states, WA also has 2 BAC limits- 0.00 and below 0.05. 

Zero BAC Limit Conditions

You are subject to driving with zero alcohol in WA if you meet any of the following conditions. 

  • Novice or learn drivers.
  • Omnibus drivers
  • Taxi drivers
  • Passenger vehicle drivers that fit more than 12 adult passengers. The driver himself is included. 
  • Drivers of heavy vehicles.
  • Interlock restricted driver licence holders. 
  • Alcohol offender drivers. 
  • Drivers who hold extraordinary driver’s licences. 
  • Dangerous goods vehicle drivers.
  • Driving supervisors who supervise learner/novice drivers during the learning driving. 

Below 0.05 BAC Limit Criteria

If you are not subject to zero BAC driving, you are under the “below 0.05” BAC limit. However, in WA, it is always an offence to drive with 0.05 or more alcohol concentration in your blood. 

#6 Tasmania (TAS)

According to the Tasmanian Police Department , you must have zero blood concentration if:

  • You are a learner, provisional, or unlicenced driver.
  • You drive a vehicle that can accommodate 13 or more adult passengers. The driver is included. 
  • You drive a public passenger vehicle such as a bus or taxi. 
  • Your vehicle exceeds the GVM of 4.5 tonnes. 

However, if you are a fully licenced driver and don’t meet the above-mentioned criteria :

  • You can drive up to the BAC level of 0.05. The BAC limit over 0.05 is a crime. 

#7 Australian Capital Territory (ACT)

The BAC limit for most drivers in the ACT is a maximum of 0.05. That means you can have a maximum of 0.05 grams of alcohol concentration per 100 millilitres of your blood. 

But if you fall into the special driver category, you must drive with zero BAC. The special driver category is applied to the following conditions: 

  • If you have a learner, probationary, provisional (P1 and P2), or a restricted driver’s licence. 
  • If you drive a dangerous goods vehicle. 
  • If you drive a heavy vehicle with a GVM or GCM (gross combination mass) of over 15 tonnes . If you are a learner driver, the GVM or GCM is 4.5 tonnes.  
  • If you are in supervised driving training as a driving supervisor. 

#8 Northern Territory (NT)

In the Northern Territory, you must stay with zero blood concentration when driving if you are a:

  • Learner driver or provisional driver
  • Authorised driving instructor
  • Dangerous goods vehicle driver
  • Public passenger drivers such as buses or taxis
  • Heavy vehicle driver with GVM or GCM of over 15 tonnes. 
  • Fully licenced driver or rider with ‘Z’ condition on the licence. 

If you fall in the following conditions, your blood must have a BAC limit of below 0.05. 

  • You are a fully licenced driver of a car or motorcycle. 
  • Overseas or interstate fully licenced driver 

How Long After Drinking Can You Drive?

Since you can’t drive with particular levels of BAC based on your driver’s licence, you should know how long after drinking you can drive. 

Well, there is no straight answer to this. You can only drive when you feel confident about the limited level of BAC .  

For this, you must allow your body to reduce the BAC. And only time can heal your alcohol concentration. If you drink a whole night, you may have exceeded the BAC limit the whole next day. 

According to the SA Licence Authority , here are the suggestions for you:

  • If you drink more, you have to allow more time to heal. 
  • DON’T ever try to drive if you have any doubt about your BAC level. 
  • DON’T mix any other drugs with alcohol. This will worsen your body condition. 

 # 04 Penalties for Drink Driving In Australian States

Breaking the drink driving rules is a punishable offence in Australia. Different states and territories have their own laws and rules . Here, we have discussed the penalties for drink-driving offences. 

#1 New South Wales (NSW)

If you commit 2 drink driving offences in 5 years, you must pass the Driver Knowledge Test before getting the licence again. 

Low Range, Special Or Novice Drink Driving Offence

If you have a learner or provisional licence, or you are an interlock device licence holder, special and novice drink-driving offences will be applied to you. The novice, special, and low range of offence are defined under section 110 of the Road Transport Act 2013 of NSW.

The BAC reading for novice drink-driving offence range is 0.01g to 0.019g. The special BAC reading offence range is 0.020 g to 0.049g. 

On the other hand, the low-range drink-driving offence reading range is 0.05g to 0.079g. 

If you are caught with any of the above-mentioned drink-driving offences, you will get penalties as follows.

Penalty For the First Time Offence For the Second Time Offence
On-the-spot notice fine $682 N/A
Immediate licence suspension Minimum 3 months/Maximum 6 months Minimum 6 months/Maximum is unlimited
Maximum fine imposed by the court $2200 $3300
Imprisonment N/A N/A
Automatic disqualification 6 months 12 months
Subject to the alcohol interlock devices program No Yes

 

#2 Mid Range Drink Driving Offence

If you are found with a BAC between 0.08g and 0.15g, you will be subject to a mid-range drink driving offence. The penalties for mid-range offences are as follows.

Penalty For the First Time Offence For the Second Time Offence
Maximum fine imposed by the court $2200 $3300
Maximum imprisonment 0 months 12 months
Disqualification Minimum 6 months/maximum is unlimited Minimum 12 months/maximum is unlimited
Automatic disqualification 12 months 3 years
Immediate suspension of the licence Yes Yes
Subject to alcohol interlock program Yes Yes

 

3. High-Range Drink-Driving Offence

If you are found with a BAC reading above 0.15, you will be considered a high-range PCA offender. 

  • For the first-time offence, the court can impose a maximum fine of $3300. But for the second time or repetition, this fine can reach up to $5500 by the court. 

  • For the first time, the imprisonment can be 18 months, while this can be a maximum of 2 years for the second offence. 

  • The minimum disqualification of licence for the first time is 12 months, and this can be reached for unlimited time. For the second or subsequent offence, the minimum licence disqualification will be 2 years, and the maximum is unlimited. 

  • The automatic disqualification is 3 years for the first offence and 5 years for the second time and subsequent. 

  • You are subject to immediate licence suspension either first or second time. You are also the subject of the alcohol interlock program. 

2. Queensland (QLD)

The drink-driving offence penalties for Queensland are as follows. 

1. First Drink-Drive Offence

BAC level Licence Disqualification Maximum fine Maximum Imprisonment
Greater than 0.00 but less than 0.05 (L, P1, P2 and probationary licence) 3 to 9 months $2258 3 months
0.05 to below 0.10 1 to 9 months $2258 3 months
0.10 to below 0.15 3 to 12 months $3226 6 months
0.15 and over Minimum 6 months $4516 9 months

 

 

2. Repeat Drink-Driving Offence

If you repeat the drink driving limit offence after the first time, you will get the penalties as follows. 

  • If you fail to provide a breath or blood specimen or your BAC level is 0.15 or over during the test, the police will impound your vehicle. 

  • Your licence will be disqualified for a maximum of 2 years. 

  • The court can fine you a maximum of $9678

  • The court can sentence you to any term of imprisonment. 

3. South Australia (SA)

According to the SA Authorities, the penalties for drink-driving offences are as follows.

 

BAC Reading Penalty
Between 0.08 and 0.149 Immediate suspension of licence for 6 months
0.15 or over Immediate suspension of licence for 12 months
Second or subsequent BAC level of 0.05 to 0.079 Loss of licence determined by the authorities

Other than this, if you are found offending with the following conditions:

  • You are a full licence holder and 

  • You are detected with a BAC level of less than 0.08 for the first time

In this case:

  • The court will issue an expiation notice

  • If you pay the expiation, you will be imposed 4 demerit points. 

Other than that, if you choose a court hearing, the court will impose a period of licence disqualification if you are convicted of the offence. 

4. Western Australia (WA)

Western Australia sets various types of penalties based on the level of BAC and the sequence of offences you commit. Full driver’s licence holders who are required to be below 0.05 BAC can face the following level of penalties.

If you are caught with a BAC level between 0.05 and 0.08 for the first time, you can deal with it by paying an infringement of $1000. But you will get demerit points as follows:

  • BAC count 0.05 to below 0.06: 3 demerit points

  • BAC count 0.06 to below 0.07: 4 demerit points

  • BAC count 0.07 to below 0.08: 5 demerit points. 

However, here is a summary of the penalties for exceeding the 

Level of BAC count Court Penalty Summary for Fines Court Penalty Summary for Licence Disqualification
BAC from 0.05 to below 0.07 (First to subsequent offences) $1,250 to $2,000 Court discretion for the first time/ minimum 6 to 8 months
BAC from 0.07 to below 0.08 (First to subsequent offences) $1,250 to $2,000 Court discretion for the first time/ minimum 8 to minimum 10 months
BAC from 0.08 to below 0.09 (First to subsequent offences) $750 to $2,250 Minimum 6 to minimum 10 months
BAC from 0.09 to 0.11 (First to subsequent offences) $850 to $2,250 Minimum 7 to minimum 13 months
BAC from 0.11 to below 0.13 (First to subsequent offences) $1,000 to $3,000 Minimum 8 to minimum 17 months
BAC from 0.13 to below 0.15 (First to subsequent offences) $1,150 to $4,500 Minimum 9 months to minimum 30 months
BAC 0.15 to above (First to subsequent offences) $1,700 to $7,500 Minimum 10 months to lifetime disqualification

For the zero BAc drivers in WA, the penalties are applied as follows. 

  • BAC over 0.00 to below 0.02: $400 infringement, 3 demerit points, and $400 to $700 court penalty.

  • BAC from 0.02 to below 0.05: Minimum 3 months disqualification and $400 to $700 court penalty. 

Note: If a zero BAC driver’s licence is disqualified, his licence is cancelled. He needs to go through a new licencing process. Other licences with disqualification are considered a suspension. 

5. Victoria (VIC)

The Victorian Authorities impose different types of penalties if you are caught exceeding the legal BAC limit when driving. You can check the official descriptions for detailed penalties.

Here are some types of penalties you will go through if you exceed the legal BAC limit in Victoria. 

  • Different amounts of fines. 

  • Learner permit cancellations

  • Suspension of licence for different terms. 

  • Disqualified driving for different periods. 

  • Zero BAC requirement imposed for a minimum of 3 years.

  • Risk of going to jail.

The penalties will be determined based on different factors. They include:

  • The type of offence

  • The time of the offence

  • Your age

  • The type of licence you hold

  • The range of BAC level

  • The sequence of the drink-driving offence you commit. 

6. Tasmania (TAS)

Tasmanian authorities impose different penalties for breaking the BAC limit when driving. 

1. Penalties for First-Time Offenders

The following table shows the drink-drive penalties for first-time offenders in Tasmania. 

BAC Level On-the-Spot Infringement Court Penalty
For zero BAC and less than 0.05 2 to 10 penalty units and 3 to 12 months disqualification 2 to 10 penalty units and 3 to 12 months disqualification
0.05 to below 0.10 On the spot 2 penalty units and 3-month automatic suspension 2 to 10 penalty units and 3 to 12 months disqualification
0.10 to below 0.15 4 to 20 penalty units, and 6 to 18 months disqualification 4 to 20 penalty units, and 6 to 18 months disqualification
BAC 0.15 or higher 5 and 30 penalty units and 12 to 36 months disqualification 5 and 30 penalty units and 12 to 36 months disqualification

2. Penalties for Subsequent Offences

The following table shows the penalties for subsequent offences of drunk driving in Tasmania. 

BAC Level Court Penalty Units Disqualification
Zero BAC to below 0.05 4 to 20 6 to 24 months
0.05 to below 0.10 4 to 20 6 to 24 months
0.10 to below 0.15 8 to 40 12 to 36 months
0.15 or greater 10 to 60 24 to 72 months

All these subsequent drink-driving offences are subject to 6 to 24 months of imprisonment. A Magistrate can impose the imprisonment with or without the fines. 

7. Australian Capital Territory (ACT)

Here is the summary of drink-driving penalties in the Australian Capital Territory.

 

BAC Level First-Time Offence Penalty Subsequent Offence Penalty
Below 0.05 Maximum 25 penalty units/ 3 to 6 months disqualification Maximum 50 penalty units/ 6 to 12 months disqualification
0.05 to below 0.08 Maximum 25 penalty units/ 3 to 6 months disqualification Maximum 50 penalty units/ 6 to 12 months disqualification
0.08 to below 0.15 50 penalty units and/or 6 months imprisonment/ 6 to 12 months disqualification 100 penalty units and/or 6 months of imprisonment/ 12 months minimum disqualification
0.15 or higher 75 penalty units and/or 9-month imprisonment/ 9 to 18 months disqualification 150 penalty units and/or 18 months imprisonment/ 18 months to 3 years disqualification

 

8. Northern Territory (NT)

NT imposes diverse penalties for exceeding the drink driving limit based on BAC level and sequence of offences. Here is a summary of the penalties for first offenders and subsequent offenders. 

1. First-Time Offences

BAC level Licence Disqualification Fines Imprisonment Terms Demerit points
Zero BAC to below 0.05 Minimum 3 months 5 penalty units Maximum 3 months N/A
Zero BAC to below 0.05 of certain vehicles (over 15 tonnes of GVM, dangerous goods vehicles, passenger vehicles, vehicles that fit 12 adults, etc.) N/A On-the-spot $400 infringement and 5 penalty units Maximum 3 months 3
0.05 to below 0.08 Minimum 3 months On-the-spot $400 infringement and 5 penalty units Maximum 3 months 3
0.08 to below 0.15 Minimum 6 months 7.5 penalty units Maximum 6 months N/A
0.15 and higher 12 months 10 penalty units Maximum 12 months N/A

 

2. Subsequent Offences

The following table shows the penalties for the subsequent offenders of drink-driving in the NT. 

 

BAC level Licence Disqualification Fines Imprisonment Terms Demerit points
Zero BAC to below 0.05 Minimum 6 months 7.5 penalty units Maximum 6 months N/A
Zero BAC to below 0.05 of certain vehicles (over 15 tonnes of GVM, dangerous goods vehicles, passenger vehicles, vehicles that fit 12 adults, etc.) 3 months for the second-time offence, and 6 months for subsequent offence On-the-spot $400 infringement and 7.5 penalty units Maximum 6 months 3
0.05 to below 0.08 Minimum 6 months 7.5 penalty units Maximum 6 months 3
0.08 to below 0.15 Minimum 12 months 20 penalty units Maximum 12 months N/A
0.15 and higher 18 months 20 penalty units Maximum 12 months N/A

 

Final Words

Drinking and driving with a BAC exceeding the legal limit is an offence across Australia. While you are allowed with particular BAC limits, we and the authorities recommend you avoid alcohol entirely when driving. Also, understanding road safety rules is crucial for safe driving practices.

At Affordable Driving School, with over 30 years of experience in Brisbane and the Gold Coast, we offer complete training in alcohol and road safety and driving techniques. Our expert instructors ensure you gain the skills and knowledge needed to drive safely and legally. Trust us to guide you towards becoming a confident driver while obeying all road safety regulations across Australia.

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