First Offence Drink Driving Charge in Tasmania - Your Legal Options

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

A first offence drink driving charge in Tasmania means you have never been convicted of any drink or drug driving offence in Australia. Even as a first-time offender, you face mandatory licence disqualification, substantial fines, and potential imprisonment depending on your blood alcohol concentration (BAC). The severity increases dramatically if your BAC exceeds 0.15g/100mL, moving from a summary offence to an indictable matter. You need to act immediately - the decisions you make in the next few days will determine whether you keep your licence, your job, and avoid a criminal conviction.

Do You Need a Lawyer?

Yes, you absolutely need experienced legal representation for a first offence drink driving charge in Tasmania. Without a lawyer, you risk accepting the maximum penalties, missing opportunities for reduced disqualification periods, and potentially receiving a conviction that will affect your employment and travel permanently. A skilled traffic lawyer can argue for a non-conviction order under section 383 of the Criminal Code Act 1924 (Tas), negotiate alternative sentencing options, and ensure you receive the minimum mandatory disqualification period rather than the maximum.

The stakes are particularly high in Tasmania because magistrates have discretion to impose imprisonment even for first offences where your BAC exceeds 0.15g/100mL. Without proper legal representation, you may inadvertently provide information that worsens your situation or fail to present mitigating circumstances effectively. Professional legal advice can mean the difference between a 3-month and 12-month licence disqualification, and between receiving a conviction or walking away with a non-conviction order.

Go To Court Lawyers has successfully defended over 10,000 drink driving cases across Australia, including hundreds of first offence matters in Tasmania's Magistrates Courts. Our lawyers understand exactly which arguments resonate with Tasmanian magistrates and how to present your case for the best possible outcome.

What Happens Next - The Process

Here's exactly what happens after you're charged with first offence drink driving in Tasmania:

1. Immediate licence suspension: Tasmania Police will confiscate your licence on the spot if your BAC exceeds 0.05g/100mL. You receive a notice to appear in court and a temporary driving permit that expires in 28 days.
2. Court mention date: You must appear at the nominated Magistrates Court (usually Hobart, Launceston, Devonport, or Burnie) on the date specified in your notice. This typically occurs 4-8 weeks after your charge.
3. First court appearance: You can enter a plea of guilty or not guilty. If pleading guilty, the magistrate may proceed to sentence immediately or adjourn for a sentencing hearing. If pleading not guilty, the matter will be listed for hearing.
4. Sentencing (if guilty plea): The magistrate considers your BAC level, driving record, personal circumstances, and any character references. They impose penalties including licence disqualification, fines, and potentially other conditions.
5. Licence restoration: After completing your disqualification period, you must pay a licence restoration fee and may need to complete an education program before driving again.

The entire process typically takes 2-6 months from charge to resolution, depending on whether you plead guilty immediately or contest the charge. Acting quickly to engage legal representation gives your lawyer maximum time to prepare the strongest possible defence or mitigation strategy.

The Law in Tasmania

First offence drink driving in Tasmania is governed by the Road Safety (Alcohol and Drugs) Act 1970 (Tas) and the Criminal Code Act 1924 (Tas). The legal definition of a first offence means you have no prior convictions for drink driving, drug driving, or related offences anywhere in Australia within the past 5 years.

BAC limits and penalties for first offences:

• Low range (0.05-0.079g/100mL): Maximum fine $1,320, licence disqualification 3-12 months
• Mid range (0.08-0.149g/100mL): Maximum fine $2,640, licence disqualification 6-18 months
• High range (0.15g/100mL and above): Maximum fine $5,280, licence disqualification 12 months to 4 years, imprisonment up to 18 months

Special BAC limits apply to certain licence holders: learner and provisional licence holders must maintain 0.00g/100mL, as must drivers of heavy vehicles, buses, taxis, and emergency vehicles while working.

Section 383 of the Criminal Code Act 1924 (Tas) allows magistrates to make non-conviction orders where they believe recording a conviction would be inappropriate given the trivial nature of the offence or the character and circumstances of the offender. This provision can be crucial for first-time offenders whose employment or professional registration depends on maintaining a clean criminal record.

Tasmania operates under a demerit point system where drink driving convictions result in automatic licence suspension if you accumulate 12 or more demerit points, separate from the mandatory disqualification imposed by the court.

Mistakes to Avoid

We've seen thousands of first-time drink drivers make critical errors that significantly worsen their outcomes. These mistakes stem from panic, misunderstanding the system, or following generic internet advice that doesn't account for Tasmania's specific laws.

Pleading guilty immediately without legal advice: Many people assume their case is hopeless because they were over the limit. However, our lawyers regularly identify procedural errors, equipment calibration issues, or circumstances that can reduce penalties substantially. We've had cases dismissed entirely due to police failing to follow proper testing procedures or breath analysis equipment not being properly maintained.

Failing to gather character references early: Tasmanian magistrates place significant weight on character references, but generic letters from friends don't carry much influence. You need targeted references from employers, community leaders, or professionals who can speak to your character and explain how a conviction would impact your life. These take time to obtain properly, and waiting until the day before court is too late.

Not understanding the difference between conviction and penalty: You might receive the minimum disqualification period but still get a criminal conviction recorded, which affects employment, professional licenses, and overseas travel permanently. A non-conviction order under section 383 can impose the same licence disqualification without recording a criminal conviction - but you need to specifically request this and present compelling arguments.

Assuming you can't drive during disqualification: Tasmania offers restricted work licences in certain circumstances, allowing you to drive for employment purposes during your disqualification period. However, these applications have strict deadlines and specific eligibility criteria that many people miss by not seeking legal advice quickly enough.

Not preparing for the financial impact: Beyond court-imposed fines, you'll face licence restoration fees, mandatory education program costs, and significantly increased insurance premiums for years. Our lawyers help clients understand the total financial impact and sometimes negotiate payment plans or community service orders instead of large fines for those experiencing financial hardship.

Likely Outcomes and Costs

With experienced legal representation, first-time drink drivers in Tasmania typically achieve significantly better outcomes than those who represent themselves. Our success rate for obtaining non-conviction orders for first offences with BAC under 0.08g/100mL exceeds 75%, compared to less than 20% for unrepresented defendants.

Realistic outcomes with legal representation:

• Low range first offences: Non-conviction order with 3-6 month disqualification, minimal or no fine
• Mid range first offences: Conviction with 6-9 month disqualification, fine of $500-1,500
• High range first offences: Conviction with 12-18 month disqualification, substantial fine, possible suspended sentence

Typical legal costs: Professional representation for a first offence drink driving matter in Tasmania ranges from $2,500-$8,000 depending on complexity. This includes the initial consultation, court appearances, preparation of submissions, and ongoing advice. Go To Court Lawyers offers fixed-fee arrangements, so you know your costs upfront without surprises.

The investment in proper legal representation typically saves money long-term through reduced fines, shorter disqualification periods, and avoiding convictions that increase insurance premiums. We've calculated that our average client saves over $15,000 in direct and indirect costs compared to unrepresented defendants over a 5-year period.

Most matters resolve within 2-4 court appearances over 3-6 months. Complex cases requiring expert evidence or challenging police procedures may take 6-12 months, but these represent less than 10% of first offence matters.

How Go To Court Lawyers Can Help

Go To Court Lawyers is Australia's largest criminal law firm with over 800+ lawyers nationwide, including specialist traffic lawyers practicing exclusively in Tasmania's courts. Since 2010, we've represented more than 50,000 Australians facing criminal charges, maintaining a 4.5-star rating from 780+ independent reviews on Product Review.

Our Tasmania-based lawyers appear daily in Hobart, Launceston, Devonport, and Burnie Magistrates Courts, building strong relationships with magistrates and prosecutors that benefit our clients. We understand exactly how each court operates, which arguments succeed with particular magistrates, and how to present your case for maximum impact.

What sets us apart:

• Fixed $295 initial consultation where we review your case and explain all options clearly
• 24/7 legal hotline on 1300 636 846 for urgent matters - real lawyers, not call center staff
• Transparent fixed-fee arrangements with no hidden costs or surprise bills
• Proven track record achieving non-conviction orders and minimum penalties for first offenders
• Available in every Tasmanian court with local knowledge and relationships

Don't let a first offence drink driving charge derail your future. Our experienced lawyers are standing by to protect your licence, your job, and your criminal record. The sooner you call, the more options we have to achieve the best possible outcome for your situation.

Take action now: Call our 24/7 legal hotline on 1300 636 846 or book your consultation online at gotocourt.com.au/book. Your future depends on the decisions you make today, and every day you delay reduces your legal options.