By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.
Key points
- High range: 0.15 or more. Court only, no infringement notice.
- First offence: $1,065 to $6,390, up to 12 months' jail, or both, and 12 to 36 months off the road. Jail is not compulsory.
- Second or later offence: $2,130 to $12,780, up to 24 months' jail, or both, and 24 to 72 months. Earlier convictions count however old.
- On-the-spot disqualification is possible. No restricted licence.
- Interlock compulsory afterwards: at least 15 months, about $3,000 to $3,500.
- For a lawyer, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with a Tasmanian lawyer for a fixed $295.
In Tasmania, a first high-range drink-driving offence, a reading of 0.15 or more, carries a fine of $1,065 to $6,390, up to 12 months' jail, or both, and a disqualification of 12 to 36 months, with no restricted licence and a compulsory alcohol interlock afterwards.
Checked on 22 October 2026 against the Road Safety (Alcohol and Drugs) Act 1970 and its Regulations 2018, the Vehicle and Traffic Act 1999, the Sentencing Act 1997, the Monetary Penalties Enforcement Act 2005, the Government's penalty unit and interlock program pages, the Magistrates Court's restricted licence form and Tasmania Legal Aid.
High-range penalties
| Fine | Maximum jail | Disqualification | |
|---|---|---|---|
| First offence | $1,065 to $6,390 (5 to 30 penalty units) | 12 months (or a fine and jail) | 12 to 36 months |
| Second or later offence | $2,130 to $12,780 (10 to 60 penalty units) | 24 months (or a fine and jail) | 24 to 72 months |
Fines in Tasmania are set in penalty units. The dollar figures on this page use $213 a unit, the value from 1 July 2026 to 30 June 2027.
- The court must impose a fine within the range, jail up to the maximum, or both, and must disqualify you for a period within the range.
- Special circumstances: if you satisfy the court that there are special circumstances, it may impose a lower fine or a shorter disqualification than the minimum. The law sets no floor. Jail has no minimum.
- There is no third-offence tier: every offence after the first uses the second-offence column.
- Your licence: a disqualification of 4 months or less suspends it; a longer one cancels it.
- One occasion of driving counts as one conviction, even if you are convicted of more than one offence for it.
- Refusing the roadside breath test (as opposed to the breath analysis that follows) carries up to $2,130 or 6 months' jail, and the court may disqualify you for up to 3 years.
On-the-spot disqualification
- Police may disqualify you on the spot (a road safety disqualification notice) if they believe on reasonable grounds that you drove under the influence; had a reading of 0.15 or more (0.07 or more if you do not hold a full licence, which includes learners and P-platers); refused a breath analysis or blood test; or committed what would be your second or later offence.
- How long: until the court deals with the charge, or until the minimum disqualification for that offence has passed, whichever comes first. For a first offence at 0.15 or more, driving under the influence or a refusal, that minimum is 12 months; for a learner or P-plater it is 3 months at 0.07 to under 0.1 and 6 months at 0.1 to under 0.15.
- Credit: the court must take the time you have served into account when it sentences you.
- Challenging it: you can appeal to the Magistrates Court on the ground that the notice will cause you severe and unusual hardship, or that there are other special circumstances, giving 14 days' written notice to the Commissioner of Police and a registrar. The court hearing the charge, or the Commissioner, can also cancel the notice.
- No restricted licence can be granted while the notice is running.
No restricted licence
The law bars a restricted licence for an offence at 0.15 or more, so there is no way to keep driving during the disqualification.
The alcohol interlock
- Who: the Government's Mandatory Alcohol Interlock Program applies to anyone convicted of driving under the influence, a reading of 0.15 or more, two or more drink-driving offences in five years, or failing to give a breath or blood specimen for analysis.
- How it works: after the disqualification your licence carries an interlock condition (the "I-condition"). You may drive only a vehicle fitted with an approved interlock, you blow into it every time you start the car and again while driving, your reading must be zero, and the device must be serviced regularly.
- How long: at least 15 months, a 9-month learning period and a 6-month demonstration period. To finish, you must record no lockouts in the demonstration period (the last 180 days).
- Cost: the Government estimates about $3,000 to $3,500.
How earlier offences are counted
- No time limit: an earlier conviction for driving under the influence, driving over the limit, drug driving, or refusing or objecting to a test makes a new offence a second or later offence, however long ago it was.
- Other time windows: the interlock program looks at two offences in five years; the restricted licence bar at an offence within 3 years after a disqualification ends; and the zero-alcohol rule applies to anyone with 3 or more convictions under the Act from 3 occasions within 10 years.
- An infringement notice is not available to anyone with an earlier conviction under the drink-driving Act, however old.
Getting your licence back
- Reapplying: if your licence was cancelled (a disqualification over 4 months), you apply for a new licence when the disqualification ends, and it is a probationary licence. The interlock condition follows where the program applies.
- Driving while disqualified carries up to $8,520 or 6 months' jail, or both, and up to 3 more years' disqualification; for a later offence, up to $17,040 or 12 months, or both, and up to 5 more years.
More on what happens after a drink-driving charge, a first offence, mid range (0.1 to under 0.15) and high range in Tasmania, and the full drink driving penalties.
Free legal help in Tasmania
- Tasmania Legal Aid's Legal Help on 1300 366 611, Monday to Friday, 8:45am to 5pm.
- The duty lawyer at court: Tasmania Legal Aid says to ask reception staff to point you to the duty lawyer on the day.
- Interlock program questions: the Magistrates Court's restricted licence form gives 1300 135 513.
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 Tasmania is a fixed $295, by phone, video or in person. The lawyer can check whether the reading and the charge can be proved, whether there are special circumstances, and address the penalty 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 Tasmanian lawyer.
General information only, not legal advice. Updated 22 October 2026. Checked against the Road Safety (Alcohol and Drugs) Act 1970 (Tas), the Road Safety (Alcohol and Drugs) Regulations 2018 (shown on the official register as in force on 22 October 2026), the Vehicle and Traffic Act 1999, the Sentencing Act 1997, the Monetary Penalties Enforcement Act 2005, the Department of Justice's penalty units page (14 July 2026; $213 a unit), the Department of State Growth's Mandatory Alcohol Interlock Program page (21 July 2026), the Magistrates Court's restricted licence form (June 2024), Tasmania Legal Aid and Tasmania Police, on 22 October 2026.