Drink Driving Penalties (NT)

In the Northern Territory drink driving offences can be dealt with by way of traffic infringement, or by court summons.  These offences attract fines, terms of imprisonment and mandatory periods of disqualification from driving, as well as demerit points. Repeat offenders may also be required to complete a drink driver education program prior to driving again and to be subject to an alcohol ignition lock. This page outlines the drink driving penalties that apply in the NT.

Legislation

Drink driving offences are governed by the Traffic Act 1987.

Traffic infringements

Traffic infringements are issued only for low-range drink driving offences. A low-range drink driving offence is an offence where the driver’s blood alcohol content (BAC) is less than 0.8.

A low-range offence may also be dealt with by a court and when that occurs, harsher penalties are available.

When a person receives a traffic infringement for a low-range drink driving offence, they will receive a $400 on-the-spot fine, and a three-month suspension from driving.

They will also receive three demerit points.

Low-range drink driving (first offence)

When a low-range drink driving offence is dealt with by a court, the driver may be fined up to five penalty units or imprisonment for up to three months. They will also be disqualified from driving for three months.

They will also receive three demerit points.

Mid-range drink driving (first offence)

A mid-range drink driving offence is an offence where the driver’s BAC is between 0.8 and 0.149.

A person found guilty of this offence may be fined up to 7.5 penalty units or imprisoned for up to six months. A mandatory disqualification period of six months applies.  

High range drink driving (first offence)

A high-range drink driving offence is an offence where the driver’s BAC is over 0.15.

 A person found guilty of this offence may be fined up to 10 penalty units or imprisoned for up to 12 months. A mandatory disqualification period of 12 months applies.  

Zero BAC drivers (first offence)

When a person has a licence with a condition that they must have a zero BAC and they are caught driving with a BAC that is not zero, the penalties that apply are as follows.

For a driver who is under 18, a learner driver, probationary driver or provisional driver, a fine of up to 5 penalty units, or imprisonment for up to three months, as well as a mandatory three months’ disqualification. These penalties also apply to unlicensed drivers.

For a driver of a heavy vehicle, a commercial vehicle, a vehicle carrying dangerous goods, or a vehicle carrying more than 12 passengers, a fine of up to 5 penalty units, or a  term of imprisonment of three months, as well as three demerit points.  

Penalties for non-BAC offences

There are also drink driving offences that do not rely on a BAC reading. These include driving under the influence and failing to provide a breath analysis. These offences can also attract significant penalties and periods of disqualification.

Penalties for a first offence of driving under the influence include a fine of 10 penalty units, and a disqualification period of six months. Subsequent offences will incur a fine of 20 penalty units and a disqualification period of 12 months.

Penalties for failing to provide a breath sample for first offences will include a fine of 10 penalty units, and a disqualification of 12 months. Subsequent offences will incur a fine of 20 penalty units, and a mandatory disqualification of 18 months. 

Repeat offending

If a person is found guilty of drink driving when they have one or more prior drink driving offences on their record, much harsher penalties apply.

For low-range drink driving, the penalty increases to a fine of up to 7.5 penalty units or a term of imprisonment of up to six months, as well as a mandatory six-month disqualification period.

For mid-range drink driving, the penalty increases to a fine of up to 20 penalty units or a term of imprisonment of up to 12 months, as well as a mandatory 12-month disqualification period.

For high-range drink driving, the penalty increases to a fine of up to 20 penalty units or a term of imprisonment of up to 12 months, as well as a mandatory 18-month disqualification period.

For a zero BAC driver, a fine of up to 7.5 penalty units, a term of imprisonment of up to six months. A mandatory disqualification of three or six months will also apply, depending on the licence type.

Alcohol interlock conditions

A person who is found guilty of drink driving and has a record for drink driving offences may be ordered to install an alcohol interlock device in their vehicle when they resume driving at the end of a licence disqualification period.

An alcohol interlock device is a device that prevents a person from starting a vehicle if they have a BAC of more than 0.02. It must be installed and maintained at the person’s own expense. The driver must then apply for an alcohol ignition licence (AIL). If they do not apply for an AIL, they remain disqualified from driving until the end of the AIL period.  

An alcohol interlock period may be from six months to three years.

Drink driver education programs

All drivers who have been disqualified from driving for drink driving or drug driving in the NT will be required to complete the Back on Track drink driver education program before they will be able to get their licence back.   

This course is made up of four mandatory three-hour sessions and is provided by a number of different service providers in different geographical areas. The participant will have to pay the cost of attending the course.

You can find a list of course providers here.  

Banned drinker register

A person will be placed on the banned drinker register if they have been found guilty of:

• high range drink driving; or
• mid-range drink driving; or
• two offences of low-range drink driving.

A person on the banned drinker register is not allowed to purchase alcohol from a bottle shop. The length of time a person remains on the register depends on why they were placed on it, and whether they complete a therapeutic support program to reduce their banned drinker order.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.