By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.
Key points
- Mid range is category 2: 0.08 to under 0.15.
- First offence: a fine of $900 to $1,300, at least 6 months off the road and 5 demerit points. No jail.
- Repeat offences (within 5 years, or 3 if the earlier one was category 1): $1,100 to $1,600 and at least 12 months for a second; $1,500 to $2,200 and at least 2 years for a third or later.
- On-the-spot loss of licence for 6 months is possible. No expiation notice and no work licence.
- Interlock only for a second or later category 2 offence.
- 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, a first category 2 drink-driving offence, a reading from 0.08 to under 0.15, carries a fine of $900 to $1,300, 5 demerit points and at least 6 months' disqualification, with no jail, and police may impose a 6-month immediate loss of licence.
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.
Category 2 penalties
| Fine | Minimum disqualification | |
|---|---|---|
| First offence | $900 to $1,300 | 6 months |
| Second offence | $1,100 to $1,600 | 12 months |
| Third or later offence | $1,500 to $2,200 | 2 years |
- 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.
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.
The interlock
- 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.
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.
How earlier offences are counted
- The look-back period is 3 years if the earlier offence was category 1, and 5 years otherwise, measured between the dates of the offences.
- In court, earlier convictions for drink- or drug-driving offences count, including driving under the influence and refusals.
- After an expiation notice, the Registrar counts offences that were either convicted or expiated.
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 check whether the reading and the charge can be proved, challenge an immediate loss of licence where there are grounds, and address the fine within the law's limits. 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.