2025 Australia BAC Laws - Blood Alcohol Content Legal Limits & DUI Penalties

Complete guide to Australia DUI laws, BAC legal limits (0.05% general, 0.00% learner/P-plate), penalties, and blood alcohol content regulations across all states and territories.

Australia Blood Alcohol Content (BAC) Legal Framework

0.05%Full licence holders across all states
0.05%Same threshold for drink driving offences
0.00%Learner, provisional licence holders and commercial drivers

Last Updated: 2025

Legal Framework Under Australian Traffic Law

Australian Road Rules and State/Territory Legislation

Australia operates under national road rules implemented by each state and territory. The 0.05% BAC limit was nationally adopted in the 1980s. Each jurisdiction maintains specific legislation such as NSW Road Transport Act, VIC Road Safety Act, and QLD Transport Operations Act.

General Drink Driving (0.05% - 0.149%)

BAC between 0.05% - 0.149% constitutes drink driving with penalties including fines, licence suspension, and potential ignition interlock requirements.

Mid-range Drink Driving (0.08% - 0.149%)

BAC between 0.08% - 0.149% carries increased penalties including longer disqualification periods and mandatory alcohol interlock programs.

High-range Drink Driving (≥0.15%)

BAC ≥0.15% results in severe penalties including immediate licence cancellation, imprisonment, and mandatory participation in behaviour change programs.

Zero BAC Requirements

Learner and provisional licence holders, commercial drivers, and drivers of buses/taxis must maintain 0.00% BAC at all times.

Drink Driving Penalties Across Australia

Low Range (0.05% - 0.079%)

  • Fine: $500 - $2,200 (varies by state)
  • Licence disqualification: 3-6 months
  • Criminal conviction recorded
  • Possible ignition interlock device
  • Traffic Offender Program participation

Mid Range (0.08% - 0.149%)

  • Fine: $900 - $5,500 (varies by state)
  • Licence disqualification: 6-12 months
  • Possible imprisonment: Up to 9 months
  • Mandatory ignition interlock in most states
  • Alcohol and drug assessment required

High Range (≥0.15%)

  • Fine: $2,200 - $11,000 (varies by state)
  • Licence disqualification: 12 months - indefinite
  • Imprisonment: Up to 2 years
  • Mandatory ignition interlock minimum 12 months
  • Vehicle impoundment/confiscation in some states

Repeat Offenders

  • Increased fines and longer disqualification periods
  • Mandatory imprisonment in many cases
  • Extended ignition interlock requirements
  • Vehicle confiscation powers
  • Intensive supervision and treatment programs

Important Information for Drivers in Australia

Random Breath Testing (RBT)

Police conduct extensive random breath testing operations across Australia. Refusing to provide a breath sample carries penalties equivalent to high-range drink driving offences.

Ignition Interlock Programs

Most states require ignition interlock devices for mid and high-range offenders. The device prevents vehicle starting if alcohol is detected and must be maintained at driver's expense.

Interstate Recognition

Drink driving disqualifications are recognised across all Australian states and territories. A licence suspended in one state cannot be obtained in another during the disqualification period.

Employment and Professional Impacts

Drink driving convictions can affect employment, particularly in transport, government, and professional roles. Many employers conduct criminal background checks.

Insurance Implications

Drink driving convictions typically void insurance coverage and result in significantly higher premiums for several years following conviction.

Rehabilitation and Education

Courts may require attendance at traffic offender programs, alcohol counselling, or behaviour change programs as part of penalty or licence restoration process.

State and Territory Variations

New South Wales

Automatic licence suspension for all drink driving, immediate licence disqualification for high-range, extensive mobile drug testing operations

Victoria

Vehicle impoundment powers for serious offences, comprehensive ignition interlock program, drug and alcohol exclusion zones

Queensland

Vehicle impoundment and confiscation laws, Type 1 and Type 2 interlock programs, extensive roadside drug testing

Western Australia

Extraordinary licence provisions for hardship cases, vehicle sanctions for repeat offenders, comprehensive alcohol interlock program

South Australia

Alcolock program for all drink driving offences, vehicle impoundment laws, immediate licence suspension provisions

Tasmania/ACT/NT

Tailored programs for smaller populations, coordination with mainland jurisdictions, specific provisions for remote area enforcement