By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 20 April 2026.
Key points
- Four levels: level 1 (any alcohol under 0.05, special drivers only), level 2 (0.05 to under 0.08), level 3 (0.08 to under 0.15) and level 4 (0.15 or more).
- First offence: level 2 is up to $4,000 and no jail, with 6 months off the road (the court may shorten it to 3); level 3 is up to $8,000 and/or 6 months' jail and 12 months (at least 6); level 4 is up to $12,000 and/or 9 months' jail and 18 months (at least 9).
- $901 notice: police may issue an infringement notice instead of court for a first level 2 offence (or a special driver's first level 1 or 2 offence). Paying it means no conviction, but your licence is suspended for 180 days.
- On-the-spot suspension: police must suspend your licence for up to 90 days for any level, a refusal or driving under the influence.
- Repeat offences count however old. There is no five-year limit in the ACT.
- Restricted licence: possible for a first offence under 0.10, on exceptional circumstances. Interlock: compulsory after level 4, a refusal, or as a habitual offender.
- For a lawyer, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with an ACT lawyer for a fixed $295.
In the ACT, a first drink-driving offence from 0.05 to under 0.08 carries a maximum fine of 25 penalty units ($4,000) and an automatic 6-month disqualification that the court can shorten to no less than 3 months, and police must suspend the licence on the spot for up to 90 days, under the Road Transport (Alcohol and Drugs) Act 1977.
Checked on 22 October 2026 against the Road Transport (Alcohol and Drugs) Act 1977 (republication 53, in force from 26 November 2025) and the related ACT road transport Acts and regulations, the ACT Government's and Access Canberra's pages, the ACT Magistrates Court and Legal Aid ACT. A penalty unit is $160 for an individual.
The limit and the four levels
Special drivers commit an offence with any alcohol; everyone else at 0.05 grams or more per 100 millilitres of blood (or 210 litres of breath). The Act sorts readings into four levels; it does not use the words low, mid or high range.
| Level | Reading | Applies to |
|---|---|---|
| Level 1 | Any alcohol, under 0.05 | Special drivers only: learner, provisional, probationary and restricted licence holders; interlock drivers; unlicensed, suspended or disqualified drivers; drivers of dangerous goods, vehicles over 15 tonnes and passenger vehicles; driving instructors and learner supervisors |
| Level 2 (often called low range) | 0.05 to under 0.08 | Everyone |
| Level 3 (mid range) | 0.08 to under 0.15 | Everyone |
| Level 4 (high range) | 0.15 or more | Everyone |
Fines, jail and the automatic disqualification
| Level | First offence: maximum | First offence: automatic disqualification | Repeat offence: maximum | Repeat offence: automatic disqualification |
|---|---|---|---|---|
| Level 1 (special drivers, under 0.05) | 25 penalty units ($4,000). No jail | 6 months (the court may shorten it to no less than 3) | 50 penalty units ($8,000) and/or 6 months' jail | 12 months (no less than 6) |
| Level 2 (0.05 to under 0.08) | 25 penalty units ($4,000). No jail | 6 months (no less than 3) | 50 penalty units ($8,000) and/or 6 months' jail | 12 months (no less than 6) |
| Level 3 (0.08 to under 0.15) | 50 penalty units ($8,000) and/or 6 months' jail | 12 months (no less than 6) | 100 penalty units ($16,000) and/or 12 months' jail | 2 years (no less than 12 months) |
| Level 4 (0.15 or more) | 75 penalty units ($12,000) and/or 9 months' jail | 18 months (no less than 9) | 150 penalty units ($24,000) and/or 18 months' jail | 3 years (no less than 18 months) |
A "repeat offence" means an earlier drink- or drug-driving offence at any time (see below).
Other drink-driving offences
| Offence | First offence | Repeat offence |
|---|---|---|
| Driving under the influence: incapable of proper control (section 24; no reading needed) | 100 penalty units ($16,000) and/or 12 months' jail; 2 years' disqualification (no less than 12 months) | 200 penalty units ($32,000) and/or 2 years' jail; 4 years (no less than 2 years) |
| Refusing a breath analysis, a screening test, an oral fluid test, a blood sample or a medical examination (sections 22, 22A, 22C and 23) | 100 penalty units ($16,000) and/or 12 months' jail; 2 years' disqualification (no less than 6 months) | 200 penalty units ($32,000) and/or 2 years' jail; 4 years (no less than 12 months) |
| Failing to stay for a screening test (section 22B) | 100 penalty units ($16,000); no jail; no automatic disqualification | The same |
| Alcohol and a drug together (section 21) | From 50 penalty units ($8,000) at levels 1 and 2, to 100 penalty units ($16,000) and/or 12 months at level 4; disqualification from 12 months (no less than 6) to 24 months (no less than 12) | From 100 penalty units and/or 12 months to 200 penalty units and/or 2 years; disqualification from 24 months (no less than 12) to 48 months (no less than 24) |
- These are maximums. There is no minimum fine and no compulsory jail for any ACT drink-driving offence.
- Disqualification is automatic on conviction. The court may shorten the automatic period, but never below the minimum. It cancels your licence and runs from the conviction.
- Over the limit is a strict liability offence: the prosecution does not have to prove you meant it. Driving under the influence needs no reading at all.
- Appeal: within 28 days after sentence, or longer if the Supreme Court allows.
The $901 infringement notice
- Since 1 January 2025, police may issue an infringement notice instead of charging you, but only for a first offence at level 2 (0.05 to under 0.08), or a special driver's first offence at level 1 or 2.
- The amount is $901 from 1 July 2026. No demerit points.
- Paying it means no conviction and no prosecution, but your immediate suspension then runs for 180 days. The ACT Government describes it as a $901 fine plus six months off the road.
- You have 28 days to pay or dispute it; a disputed notice goes to court. A paid notice still counts as an earlier offence if you offend again, with no time limit.
- There is no notice for level 3 or 4, a repeat offence, a refusal, driving under the influence, or drug or combined driving: those go to court.
Immediate suspension by police
- Police must suspend your licence on the spot if they reasonably believe you drove over the limit at any level (since 25 May 2024), refused a test (other than failing to stay for a screening test), or drove under the influence. You must surrender your licence, and you cannot get a new or restricted licence while it lasts. Interstate and overseas licence holders lose the right to drive in the ACT.
- How long: up to 90 days, or 180 days if you accept an infringement notice. It ends earlier if the charge is dropped or decided. If your case takes longer than 90 days, the suspension ends and you may drive again until you are sentenced, subject to any bail conditions.
- Credit: the time you serve comes off any later disqualification, unless you disobeyed the notice.
- Challenging it: you can apply to the Magistrates Court to stay the suspension within 28 days, with grounds and an affidavit. The court grants it only in exceptional circumstances, weighing road safety and your need for a licence; it does not decide guilt.
- Driving during the suspension, or not surrendering your licence, carries up to 20 penalty units ($3,200) each.
Restricted licences
- The ACT has restricted licences. The Magistrates Court may grant one in exceptional circumstances, weighing your offence history, rehabilitation, the risk to others, unreasonable loss to you or others, other transport, health, and whether you are likely to comply. The order sets the licence class, the expiry and conditions on times, journeys, purposes and alcohol. It is not limited to driving for work.
- Who can apply: a first offender over the limit at under 0.10 (a special driver at under 0.05). First offenders for driving under the influence, a refusal, or drug or combined driving can apply only after serving the minimum period.
- Who cannot: repeat offenders; first offenders at 0.10 or more (special drivers at 0.05 or more); anyone under an immediate suspension; and people living outside the ACT.
- How: Form 2.7 and an affidavit, a court fee, and service on the road transport authority and the police within 14 days. It may be lodged before sentence. You must complete the alcohol and drug awareness course before Access Canberra issues the licence.
- A restricted licence carries a zero alcohol limit; breaching a condition carries up to 50 penalty units ($8,000) and/or 6 months' jail, and cancellation.
The alcohol interlock
- Compulsory after a conviction or finding of guilt, with a disqualification, for level 4; a refusal; alcohol and a drug together; alcohol-related driving under the influence; or as a habitual offender (two or more other alcohol offences dealt with in the previous 5 years).
- When: you can get a probationary licence with an interlock after serving half your disqualification. Waiting out the full disqualification does not avoid the interlock unless you are exempted. You need an alcohol and drug assessment before sentence.
- How long: until the later of 6 months from when the condition starts and the end of your disqualification, and only after 3 months without a breach. A breach is a reading of 0.02 or more, repeated readings above zero, or a missed test.
- Voluntary: after any other alcohol offence, you may choose an interlock at any time during your disqualification (after the awareness course).
- Exemption: only for someone who has served the full disqualification, in special circumstances such as a medical condition.
- Interlock drivers have a zero alcohol limit. Breaching the interlock condition carries up to 50 penalty units ($8,000) and/or 6 months' jail, and cancellation. No government page states the cost; Access Canberra refers people to the installers.
How earlier offences are counted
- There is no five-year limit. An earlier drink- or drug-driving offence counts however long ago it was (for offences from 1 December 2010), including a refusal, an interstate equivalent, and a finding of guilt without a conviction.
- An ACT infringement notice you did not dispute counts at any time; an interstate one within 5 years.
- Five-year windows apply only to the habitual-offender interlock rule and to repeat driving while disqualified.
A finding of guilt without a conviction
A court can find you guilty without recording a conviction, by dismissing the charge or making a good behaviour order of up to 3 years (Crimes (Sentencing) Act 2005, section 17). It weighs your character, history, age, health and mental condition, the seriousness of the offence and any extenuating circumstances; there is no "exceptional circumstances" test. Legal Aid ACT says it is uncommon. Because the automatic disqualification needs a conviction, it does not apply, but the court may still disqualify you, you must still do the alcohol and drug awareness course within 6 months, and the finding counts as an earlier offence.
Driving while disqualified, and getting your licence back
Driving while disqualified carries up to 50 penalty units ($8,000) and/or 6 months' jail, or for a repeat within 5 years up to 100 penalty units ($16,000) and/or 1 year, plus a further 12 or 24 months' disqualification after any current one. When a disqualification ends, your old licence does not come back: you need a probationary licence, held for 12 months with a zero alcohol limit, and cancelled for 6 months on 2 demerit points (Access Canberra). The alcohol and drug awareness course comes first.
More on what happens after a drink-driving charge, a first offence, mid range (level 3) and high range (level 4) in the ACT.
Free legal help in the ACT
- Legal Aid ACT Helpline on 1300 654 314, 8:30am to 7pm Monday to Thursday and 8:30am to 5pm Friday. It gives free legal information, or books an appointment for advice.
- A duty lawyer at court: Legal Aid ACT says it is free to talk to the duty lawyer and you do not need an appointment, but it is a good idea to arrive early in the day.
How Go To Court Lawyers can help
Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in the ACT is a fixed $295, by phone, video or in person. The lawyer can check whether the reading and the charge can be proved, advise whether to accept a $901 notice or go to court, argue for a shorter disqualification within the law's limits, and prepare a restricted licence application if you are eligible. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation with an ACT lawyer.
General information only, not legal advice. Updated 22 October 2026. Checked against the Road Transport (Alcohol and Drugs) Act 1977 (ACT), republication 53, the Road Transport (General) Act 1999, the Road Transport (Driver Licensing) Act 1999 and Regulation 2000, the Road Transport (Offences) Regulation 2005, the Crimes (Sentencing) Act 2005 and the Magistrates Court Act 1930 (all as in force on 22 October 2026), the Legislation Act 2001 (penalty unit $160), the ACT Government's drink and drug driving page (30 June 2026), Access Canberra, the ACT Magistrates Court's restricted licence pages (20 February 2026) and Legal Aid ACT (7 October 2026), on 22 October 2026.