Drink driving and drug driving – going to court
PENALTIES FOR LOW RANGE DRINK DRIVING
(s110(1) of the Road Transport Act)
THESE PENALTIES APPLY UNLESS YOU TAKE THE MATTER BEFORE THE COURT where you may argue that no conviction (no loss of license and no fine) is the appropriate penalty, once the Magistrate understands (i) your personal circumstances, (ii) the circumstances of how you came to commit the offence (and the objective seriousness of these circumstances) and (iii) sees your prior traffic and criminal history,
| Penalty | First offence | Second or subsequent offence |
| Penalty notice fine | $561 | N/A |
| Immediate licence suspension | Yes | Yes |
| Maximum court- imposed fine | $2,200 | $3,300 |
| Maximum prison term | N/A | N/A |
| Minimum disqualification | 3 months | 6 months |
| Maximum disqualification | 6 months | Unlimited |
| Automatic disqualification (disqualification period that applies in the absence of a specific court order) | 6 months | 12 months |
| Subject to an alcohol interlock order | No | Yes |
PENALTIES FOR DRIVING WITH A TRACE OF CANNABIS, SPEED/ICE, MDMA/ECSTASY, OR COCAINE IN ORAL FLUID, BLOOD OR URINE
(s111 of the Road Transport Act)
THESE PENALTIES APPLY UNLESS YOU TAKE THE MATTER BEFORE THE COURT where you may argue that no conviction (no loss of license and no fine) is the appropriate penalty, once the Magistrate understands (i) your personal circumstances, (ii) the circumstances of how you came to commit the offence (and the objective seriousness of these circumstances) and (iii) sees your prior traffic and criminal history
| Penalty | First offence | Second or subsequent offence |
| Penalty notice fine | $561 | N/A |
| Licence suspension (if offence is dealt with through a penalty notice) | 3 months | N/A |
| Maximum court- imposed fine | $2,200 | $3,300 |
| Minimum disqualification | 3 months | 6 months |
| Maximum disqualification | 6 months | Unlimited |
| Automatic disqualification (disqualification period that applies in the absence of a specific court order) | 6 months | 12 months |
If you are facing a local court appearance, contact us for advice.
