Penalties for Drink Driving (Tas)

In Tasmania, there is a range of drink driving offences, which carry significant fines, terms of imprisonment and periods of disqualification from driving. Repeat drink driving offenders will be sentenced to higher penalties than first-time offenders. This page outlines the offences and the penalties they attract

Legislation

Drink and drug driving in Tasmania is governed by the Road Safety (Alcohol and Drugs) Act 1970.

Traffic infringements

In Tasmania, a drink driving offence can be dealt with by way of traffic infringement if:

• the driver is on a full licence
• the BAC recorded is below 0.10.

In these cases, the driver will receive a three-month disqualification, a fine, and demerit points.

For all other drink driving offences, the driver must attend court.

Low-range drink driving (0.05 – 0.10)

A person caught drink driving with a BAC in the low range will face a fine of between 2 and 10 penalty units or a term of imprisonment of up to three months. They will also face disqualification from driving for between 3 and 12 months if the matter goes to court.

Mid-range drink driving (0.10 – 0.15)

A person caught drink driving with a BAC between 0.10 and 0.1 will face a fine of between 4 and 20 penalty units or a term of imprisonment of up to three months. They will also face disqualification from driving for between 3 and 12 months.

A person caught drink driving with a BAC between 0.1 and 0.15 will face a fine of between 2 and 10 penalty units or a term of imprisonment of up to six months. They will also face disqualification from driving for between 6 and 18 months.

High range drink driving (Higher than 0.15)

A person caught drink driving with a BAC in the high range will face a fine of between 5 and 30 penalty units or a term of imprisonment of up to 12 months. They will also face disqualification from driving for between 12 and 36 months.

Penalties for further offences

When a person has committed a drink driving offence in the past five years and is found guilty of another drink driving offence, they will be sentenced as a repeat offender.

In this situation, a driver with a BAC of less than 0.05 will face a maximum penalty of a fine of 20 penalty units or imprisonment for six months. They may also be disqualified for up to 24 months.

A driver with a BAC of between 0.05 and 0.1 will face a maximum penalty of a fine of 20 penalty units or imprisonment for six months. They may also be disqualified for up to 24 months.

A driver with a BAC of between 0.1 to 0.15  will face a maximum penalty of a fine of 40 penalty units, or imprisonment for 12 months. They may also be disqualified for up to 36 months.

A driver with a BAC of over 0.15 will face a maximum penalty of a fine of 60 penalty units or imprisonment for 24 months. They may also be disqualified for up to 72 months.

A driver with a BAC of over 0.15 will face a maximum penalty of a fine of 20 penalty units or imprisonment for six months. They may also be disqualified for up to 24 months.

Penalties for non-BAC drink driving offences

A person may also be charged with a drink driving offence that does not involve a recorded BAC. This may be because they were not breath tested, or because the conduct involved problematic driving as a result of alcohol, rather than driving when over the legal limit.

Non-BAC drink driving offences include driving under the influence of alcohol (section 4) and failing to provide a breath sample (section 10). A person found guilty of one of these offences will incur a fine or term of imprisonment, and a disqualification period.

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