Drink Driving Limits in Australia by State: BAC Bands Explained (2026)

Every Australian jurisdiction sets its general blood alcohol limit at 0.05, but that is where the uniformity ends. Western Australia and South Australia use statutory BAC bands, the ACT runs a 4-level numbered system, and forcing a single low/mid/high model onto any of them produces a wrong answer.

Jurisdiction scope: This page compares blood alcohol concentration (BAC) limits and penalty structures across all eight Australian states and territories, verified 20 July 2026. It does not cover drug driving, which uses separate testing regimes and penalties in every jurisdiction. This is general legal information, not legal advice about a specific charge.

Do Not Assume a Uniform Low/Mid/High Model

A three-tier low-range, mid-range, high-range model of drink-driving penalties is common in Australian reporting, and it is accurate for some jurisdictions but actively wrong for others. Western Australia sets statutory BAC bands with their own numbering; the ACT uses four numbered offence levels defined by section 4E of its Road Transport (Alcohol and Drugs) Act 1977; South Australia multiplies a BAC category by whether the offence is a repeat within five years; and the Northern Territory's four bands include a specific zero-tolerance category for learner and provisional drivers that sits outside the low/mid/high framing entirely. Applying one jurisdiction's tier labels to another's statute risks materially misstating the applicable penalty.

Western Australia: Five Statutory BAC Bands

WA does not use three tiers; it uses five, each carrying its own minimum fine and disqualification range under its road traffic legislation. For a FIRST offence below 0.08, Western Australia sets no mandatory minimum disqualification at all: the court penalty is a fine of up to $1,250 and disqualification is at the court’s discretion. A first offence in the 0.05 to under 0.08 range can also be dealt with by infringement rather than prosecution. Mandatory minimums begin at 0.08, where a first offence carries at least 6 months, rising to 7 months at 0.09 to under 0.11, 8 months at 0.11 to under 0.13, and 9 months at 0.13 to under 0.15. The longer periods often quoted for the lower bands, such as 6 to 8 months at 0.05, are Western Australia’s SECOND and subsequent offence minimums and must not be presented as first-offence figures. A reading of 0.15 or above carries a first-offence disqualification and escalates sharply on repeat offending, up to a potential life ban on a third offence, alongside fines reported up to several thousand dollars and up to 18 months' imprisonment at the top of the range. A first offence in the lowest band can sometimes be dealt with by an infringement rather than a court appearance; a second or subsequent offence in that band cannot, and requires a court appearance. Immediate roadside licence disqualification notices commonly apply to a 0.08 or higher reading, running for a set period that is credited against any later court-ordered disqualification.

ACT: Four Numbered Levels Under Section 4E

The ACT's Road Transport (Alcohol and Drugs) Act 1977 defines a reference table of prescribed alcohol concentration levels under section 4E, and the resulting offence structure runs across four numbered levels rather than a low/mid/high label. Two prescribed limits apply depending on driver category: a zero limit for "special" drivers, a category that includes learner and provisional licence holders and certain professional drivers, and a limit of under 0.05 for all other drivers. Penalties combine a monetary fine, set against the current value of a penalty unit, with a disqualification period; the ACT's own published range runs from one month's disqualification for a first Level 1 offence up to five years for a repeat Level 4 offence. Current fine figures are published within the ACT's penalty unit framework under the Road Transport (Alcohol and Drugs) Act 1977 and the Road Transport (Offences) Regulation 2005.

South Australia: BAC Category x Offence Number

South Australia's penalty structure runs three BAC categories, Category 1 (under 0.08), Category 2 (0.08 to under 0.15) and Category 3 (0.15 and above), each multiplied by whether the driver is a first-time or repeat offender within the preceding five years. A first Category 1 offence carries a fine and a minimum 3-month disqualification; a first Category 2 offence, a higher fine and a minimum 6-month disqualification; and a first Category 3 offence, a still higher fine and a minimum 12-month disqualification. Repeat offending within the five-year lookback increases both the fine range and the minimum disqualification substantially, for example a second Category 3 offence carries a minimum 3-year disqualification.

Northern Territory: Four Bands Including Zero Tolerance

The Northern Territory publishes four alcohol limit categories. Learner and provisional drivers are held to zero tolerance, meaning any detectable alcohol concentration above zero is an offence for that category of driver. For other drivers, low-range applies from 0.05 to 0.079, mid-range from 0.08 to 0.149, and high-range at 0.15 and above, each carrying escalating fines and disqualification periods set out in the NT's drink-driving penalty schedule.

Victoria: Confirmed Statutory Structure, No Published Dollar Table

Victoria's statutory disqualification and impoundment framework is well documented from primary sources. A first offence carries a minimum 3-month disqualification, though the practical outcome is commonly 6 months or longer depending on the reading; disqualification periods can extend up to 5 years for serious or repeat offending. A driver recording 0.10 BAC or above on a first offence faces immediate 30-day vehicle impoundment or immobilisation by police, and repeat offenders can face impoundment plus additional court-ordered time. Any Victorian driver who loses their licence for drink driving must complete the Victorian Alcohol Interlock Program, requiring an interlock device for a minimum of roughly 6 months and up to 4 years depending on the offence, plus a behaviour-change program before relicensing. Victoria's tiered dollar fine amounts by BAC band could not be verified from a live, non-JavaScript-rendered primary source at the time of writing and are deliberately not published on this page; a reader needing the current dollar figures should check directly with Transport Victoria or Fines Victoria.

NSW, Queensland and Tasmania: The Same 0.05 Floor, State-Specific Schedules

New South Wales, Queensland and Tasmania all apply the same 0.05 general limit with zero or reduced limits for learner and provisional drivers, and each publishes its own dollar and disqualification schedule through its own transport authority and road traffic legislation. Because fine amounts index annually and the exact band boundaries differ by state, a reader should confirm the current schedule with the relevant state transport authority rather than assuming a figure carries over from a neighbouring jurisdiction.

Learner and Provisional Drivers: Zero or Reduced Limits Everywhere

Every jurisdiction compared on this page applies a stricter limit to learner and provisional licence holders than the general 0.05 population limit, though the mechanism differs. The Northern Territory and the ACT both frame this as a distinct zero-tolerance category rather than a lower numeric limit, meaning any detectable alcohol concentration above zero is an offence for a learner, provisional or, in the ACT, other "special" driver. Western Australia and South Australia apply a 0.00 limit to learner and provisional licence holders within their broader BAC-band and category structures respectively, so a novice driver in either state does not get the benefit of the lowest statutory band available to a full licence holder; any detectable reading is treated as an offence in its own right. A driver who has recently moved from a learner or provisional licence to a full licence should not assume the 0.05 general limit applied from the date the new licence was issued without confirming the exact transition rule in their own jurisdiction, since some states apply the stricter limit for a further period tied to the licence condition rather than the licence type alone.

See the full jurisdiction matrix on the Australia driving laws hub, and how a drink-driving offence interacts with points on demerit points explained across Australia. For state demerit specifics, see Western Australia demerit points, South Australia demerit points and Australian Capital Territory demerit points.

This page provides general legal information about drink-driving BAC limits and penalty structures across Australia, verified 20 July 2026. It is not legal advice about a specific charge or reading, and outcomes depend on the specific facts and the court or authority involved. For advice about a specific drink-driving matter, consult a legal practitioner admitted in the relevant Australian state or territory.