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DUI Offences

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Use of Vehicle Under the Influence of Alcohol or Any Other Drug

Under section 112(1) of the Road Transport Act 2013, a person must not drive a vehicle while under the influence of alcohol or any other drug to the extent that the driver is incapable of properly controlling the vehicle.

Maximum penalty for unrestricted drivers driving Class A motor vehicles:

Offence Infringement Notice Maximum Penalty that can be imposed by Local Court Automatic/Mandatory Licence Disqualification Interlock Period
Drive Vehicle Under Influence of Alcohol (first offence) Not applicable 18 months imprisonment and/or $3,300 fine Without Interlock Device
Automatic: 3 yearsMinimum: 12 monthsWith Interlock Device
Maximum: 9 monthsMinimum: 6 months
24 months (minimum)
Drive Vehicle Under Influence of Alcohol (second offence +) Not applicable 2 years imprisonment and/or $5,500 fine Without Interlock Device
Automatic: 5 yearsMinimum: 2 yearsWith Interlock Device
Maximum: 12 monthsMinimum: 9 months
48 months (minimum)
Drive Vehicle Under Influence of Drugs (first offence) Not applicable 18 months imprisonment and/or $3,300 fine Automatic: 3 years

Minimum: 12 months

 

Not applicable
Drive Vehicle Under Influence of Drugs (second offence) 2 years imprisonment and/or $5,500 fine Automatic: 5 years

Minimum: 2 years

 

Not applicable