By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.
Key points
- Category 1 (0.05 to under 0.08), first offence: police must give you an expiation notice ($904 plus a $108 levy, 4 demerit points) before they can prosecute. Paying it means no disqualification.
- Category 2 or 3, or a refusal: police may take your licence on the spot (6 months for category 2; 12 months for category 3 or a refusal), and the case goes to court.
- In court, a minimum disqualification is compulsory and has no maximum: at least 6 months for a first category 2 offence, 12 months for a first category 3. Fines are set ranges, from $900 to $2,900.
- No jail for being over the limit or refusing a test. No work licence.
- Afterwards: a probationary licence, and for serious offences an interlock.
- For a lawyer, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with a South Australian lawyer for a fixed $295.
In South Australia, police must offer an expiation notice for a first category 1 drink-driving offence before they can prosecute, while a category 2 or 3 reading, or a refusal, can mean an immediate loss of licence and a court-imposed minimum disqualification.
Checked on 22 October 2026 against the Road Traffic Act 1961 (version of 1 January 2026), the Motor Vehicles Act 1959 and its regulations, the expiation and sentencing laws, the South Australian Government's pages and the Legal Services Commission's Law Handbook. South Australia sets these fines in dollars. Where the Government's pages differ from the Act, this page follows the Act.
Step 1: the category of your reading
| Category | Reading | Notes |
|---|---|---|
| Category 1 (often called low range) | 0.05 to under 0.08 | For unlicensed or disqualified drivers, and drivers of heavy vehicles (over 15 tonnes, or prime movers over 4 tonnes), buses, vehicles carrying passengers for hire and labelled dangerous-goods vehicles, any alcohol under 0.08 is a category 1 offence |
| Category 2 (mid range) | 0.08 to under 0.15 | Everyone |
| Category 3 (high range) | 0.15 or more | Everyone |
Step 2: an expiation notice, or court
- Only for category 1. A driver aged 16 or over with no other drink- or drug-driving offence in the look-back period cannot be prosecuted for a category 1 offence unless first given an expiation (on-the-spot) notice (Road Traffic Act 1961, section 47B(5)).
- The amount: a $904 fee plus a $108 victims of crime levy, and 4 demerit points. You have 28 days to pay.
- A first offence paid this way means no disqualification.
- If a second or later category 1 offence is dealt with by an expiation notice, the Registrar disqualifies you for 3, 6 or 12 months, depending on your earlier offences, and your licence is cancelled. The Government says there is no right of appeal against a drink-driving disqualification.
- Electing court: you can choose to go to court instead, by notice in the prescribed form. If convicted of a first category 1 offence, the fine is up to $1,100, the court must disqualify you for at least 3 months, and the $287 levy applies.
- Categories 2 and 3, driving under the influence and refusals have no expiation notice: they go to court.
Step 3: immediate loss of licence
- Police may give you an immediate loss of licence notice if they reasonably believe you committed a category 2 or 3 offence, or refused a breath test or a blood test after a crash. Not for category 1.
- How long: 6 months for category 2; 12 months for category 3 and for a refusal, under the Act (the Government's page says 6 months for a refusal). It ends earlier if your case is decided or withdrawn, or police confirm there will be no charge.
- When it starts: when it is given, or 48 hours later if the officer postpones it.
- Credit: the sentencing court must take the time you have served into account, and may backdate your disqualification.
- Challenging it: you can apply to the Magistrates Court. It may lift the notice on sworn evidence of a reasonable prospect of acquittal, or if no charge is laid within a reasonable time. It must cut it to 1 month for a first category 2 or 3 offence with a reasonable prospect of a "trifling" argument, or to 6 months where a category 3 charge may prove to be category 2.
Step 4: the penalties in court
| Offence | First offence | Second offence | Third offence | Later offences | Demerit points |
|---|---|---|---|---|---|
| Category 1: 0.05 to under 0.08 (in court) | Up to $1,100; at least 3 months off the road | Up to $1,100; at least 6 months | Up to $1,100; at least 9 months | Up to $1,100; at least 12 months | 4 |
| Category 2: 0.08 to under 0.15 | $900 to $1,300; at least 6 months | $1,100 to $1,600; at least 12 months | $1,500 to $2,200; at least 2 years | $1,500 to $2,200; at least 2 years | 5 |
| Category 3: 0.15 or more | $1,100 to $1,600; at least 12 months | $1,600 to $2,400; at least 3 years | $1,900 to $2,900; at least 3 years | $1,900 to $2,900; at least 3 years | 6 |
| Driving under the influence (section 47) | $1,100 to $1,600, or up to 3 months' jail; at least 12 months | Any later offence: $1,900 to $2,900, or up to 6 months' jail; at least 3 years | 6 | ||
| Refusing an alcotest or breath analysis, or a hospital blood test after a crash | $1,100 to $1,600; at least 12 months | Any later offence: $1,900 to $2,900; at least 3 years | 6 | ||
- No jail for driving over the limit or for refusing a test. Only driving under the influence carries jail: up to 3 months for a first offence, 6 months for a later one.
- The minimum disqualification cannot be reduced or replaced with another penalty, except for a first offence the court finds "trifling" on sworn evidence, and then not below one month. The Legal Services Commission says your need for a licence is irrelevant and trifling findings are extremely rare.
- There is no maximum disqualification: the court sets a period not less than the minimum. Disqualification cancels your licence.
- On top of the fine: a $287 victims of crime levy per offence (the Legal Services Commission also mentions a $150 prosecution fee), and for a first or second offence a compulsory lecture order unless there is proper cause not to make one, even if no conviction is recorded.
- A child under 16 in the vehicle (for a category 2 or 3 offence, driving under the influence or a refusal) means the same penalties, plus a compulsory alcohol dependency assessment before you can be relicensed.
- Failing to stop for a breath test carries up to $2,900.
South Australia has no work, restricted or hardship licence for a drink-driving disqualification. The Legal Services Commission says it is not possible to keep your licence even on a restricted basis, for example during working hours. The only hardship route in the law is for a P or probationary driver disqualified by the Registrar for breaking a licence condition, such as the zero-alcohol condition under 0.05: an eligible P driver may choose a Safer Driver Agreement instead, and where that is not available, a P or probationary driver may appeal on the ground of severe and unusual hardship (learners cannot appeal). It does not apply to a drink-driving disqualification by a court, or by the Registrar after a repeat expiation notice.
Step 5: driving again
- Who: anyone relicensing after a court disqualification for a serious drink-driving offence: any category 3 offence, a second or later category 2 offence (with an earlier conviction other than category 1 within 5 years), driving under the influence of alcohol, and refusing a breath or blood test. Not category 1, and not a first category 2 offence.
- How long: the court's disqualification period (plus any immediate loss time, unless the disqualification was backdated), or 3 years, whichever is less. Time without the device fitted, or while suspended, does not count.
- Removal: after the minimum period, if no incidents were recorded in the previous 3 months.
- Exemption: only if a physical or medical condition prevents you from using an interlock and the device cannot reasonably be modified.
- Conditions: drive only your nominated vehicle with a working approved device, do not interfere with it, carry the provider's certificate and present the vehicle for checks; P plates, zero alcohol and the probationary conditions apply throughout. Breaching the conditions carries up to $2,500.
- Cost: the only government figure is the Registrar's fee of $20 for each month of the interlock period. You also pay the device provider; the Legal Services Commission says a concession scheme exists.
When the disqualification ends, you must reapply. A former full licence holder gets a probationary licence, generally for 12 months, with conditions: zero alcohol, carry your licence at all times, and stay below 2 demerit points. Repeat offending within 5 years can mean an alcohol dependency assessment first. Driving while disqualified carries up to 12 months' jail, or 3 years for a later offence; driving after a serious drink-driving disqualification without being relicensed carries up to $5,000 or 1 year. An appeal against a court's sentence goes to a single judge of the Supreme Court; the Legal Services Commission says within 21 days.
What to do now
- Keep any expiation notice or immediate loss of licence notice, and note the 28 days to pay or elect court.
- Do not drive while your licence is suspended or after it is cancelled.
- Before paying, electing court or pleading guilty, get advice on what each means for your licence.
- If you may have grounds to challenge an immediate loss of licence, apply to the Magistrates Court promptly.
More on what happens after a drink-driving charge, a first offence, mid range (category 2) and high range (category 3) in South Australia, and the full drink driving penalties.
Free legal help in South Australia
- The Legal Services Commission's free Legal Helpline on 1300 366 424, Monday to Friday, 9am to 4:30pm.
- Duty lawyers at many courts: the Commission says the service is free but may not be available every day, and it is best to speak to it before you go to court. A duty lawyer can give legal information and advice, in some cases represent you that day, and help you apply for legal aid.
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 South Australia is a fixed $295, by phone, video or in person. The lawyer can advise whether to pay the expiation notice or go to court, whether to challenge the immediate loss of licence, and what the court is likely to do about the fine. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation with a South Australian lawyer.
General information only, not legal advice. Updated 22 October 2026. Checked against the Road Traffic Act 1961 (SA, version of 1 January 2026), the Motor Vehicles Act 1959 and Motor Vehicles Regulations 2025, the Road Traffic (Miscellaneous) Regulations 2014, the Expiation of Offences Act 1996, the Sentencing Act 2017, the Victims of Crime (Fund and Levy) Regulations 2018, the Magistrates Court Act 1991, the South Australian Government's drink-driving disqualification, immediate loss of licence and licence conditions pages, and the Legal Services Commission's Law Handbook, on 22 October 2026.