By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.
Key points
- A first offence means no earlier drink- or drug-driving offence at any time: the ACT has no five-year limit.
- Penalties: up to $4,000 and no jail at 0.05 to under 0.08; up to $8,000 and/or 6 months at 0.08 to under 0.15; up to $12,000 and/or 9 months at 0.15 or more.
- Licence: an automatic disqualification of 6, 12 or 18 months by level, which the court may shorten to no less than 3, 6 or 9 months.
- $901 notice: available only at level 2 (or a special driver's level 1 or 2); paying it avoids a conviction but means 180 days off the road.
- Restricted licence: possible under 0.10, on exceptional circumstances. Interlock: compulsory only at 0.15 or more (or for refusals and similar offences).
- 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 $4,000 and no jail, with an automatic 6-month disqualification the court can shorten to no less than 3 months, and an earlier offence counts however long ago it was.
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.
First offence penalties
| Level | Maximum penalty | Automatic disqualification | Infringement notice? | Restricted licence? |
|---|---|---|---|---|
| Level 1: special drivers, under 0.05 | 25 penalty units ($4,000); no jail | 6 months (no less than 3) | Yes, $901 | Possible |
| Level 2: 0.05 to under 0.08 | 25 penalty units ($4,000); no jail | 6 months (no less than 3) | Yes, $901 | Possible (not for a special driver) |
| Level 3: 0.08 to under 0.15 | 50 penalty units ($8,000) and/or 6 months' jail | 12 months (no less than 6) | No | Possible under 0.10 only |
| Level 4: 0.15 or more | 75 penalty units ($12,000) and/or 9 months' jail | 18 months (no less than 9) | No | No |
- 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.
The immediate suspension
- 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.
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.
For the full penalties, refusals and the interlock, see drink driving penalties 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 advise whether to accept a $901 notice or go to court, argue for a shorter disqualification or a non-conviction outcome, 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.