Northern Territory Drink Driving Penalties: Fines, AIL and Disqualification

Northern Territory drink driving penalties run from a flat $400 infringement notice for a genuine first low-range reading through court fines of up to $3,880 and 12 months' imprisonment for a high-range or refusal offence, all set under the Traffic Act 1987 (NT) at the current $194 penalty unit value for the 2026-27 financial year.

Which law applies and how NT's offences are structured

NT's drink and drug driving offences and penalties sit in Part V ("Driving with alcohol in breath or blood or drug in blood") of the Traffic Act 1987 (NT), in the version stated to be "as in force at 10 February 2026," current for this page. The companion Traffic Regulations 1999, stated "as in force at 28 May 2026," supply the Traffic Infringement Notice schedule covered below.

For the underlying BAC limits and how NT compares nationally, see Australia's drink driving limits by state. This page covers the offence and penalty layer NT builds on top of those limits.

NT does not use a single "low, medium, high" ladder the way some other states do; instead it splits Part V into distinct groups of offences, each with its own definitions and penalties:

• General-population BAC tiers (Division 2, sections 21 to 23), for ordinary full-licence holders: high range (BrAC or BAC 0.15 or above), medium range (0.08 to under 0.15) and low range (0.05 to under 0.08). Section 20 states plainly that impairment does not need to be shown for any of these three offences.
• Zero-alcohol classes (Division 2, sections 24 and 25), where any detectable alcohol is the offence and no threshold needs to be proven: section 24 covers under-18s, learner-permit holders, provisional (P) licence holders, unlicensed drivers and non-resident drivers without an NT driving right; section 25 covers drivers of vehicles over 15 tonnes gross vehicle mass, dangerous-goods vehicles, commercial passenger vehicles (taxis and rideshare), vehicles carrying more than 12 people, goods-space-occupied vehicles, and, separately, anyone under 25 who has held a licence for less than a continuous 3 years.
• Fault-based offences independent of any BAC reading (Division 4): driving under the influence of alcohol or a drug to the point of being incapable of proper control (section 29AAA), and prohibited-drug presence (section 28, covered under Drug driving below).
• Refusal offences (Division 5): failing to submit to a breath analysis (section 29AAE) and failing to give a blood sample (section 29AAH) after a valid police requirement.

Penalties by offence, first vs. repeat

The maxima below are read directly from each section of the Act. They are court maximums, not fixed fines: a Local Court sentence can be, and often is, lower.

The refuse-blood-sample row is confirmed directly from a line-by-line read of section 29AAH(1) itself, structurally identical to breath refusal via the Act's own "relevant offence" cross-reference chain and matching escalation clause.

Penalty unit value: $194 for the 2026-27 financial year (1 July 2026 to 30 June 2027), confirmed directly against the Attorney-General's Department's own penalty unit table. That table's own prior row shows $189 for the 2025-26 year; some secondary legal-fines sites still display the $189 figure as current, which is simply a stale scrape that predates the FY2026-27 update, not a conflicting official source.

The $400 Traffic Infringement Notice alternative

Schedule 1 of the Traffic Regulations 1999 lists three drink and drug driving offences as eligible for a Traffic Infringement Notice instead of a court appearance, each carrying a flat $400 penalty and 6 demerit points: a low-range offence (section 23(1)), the section 25 zero-alcohol vehicle-class group, and prohibited-drug presence (section 28(1)). High range, medium range, under-the-influence and every refusal offence are not on that list; the Act's own definition ties "demerit points offence" to Schedule 1, so those more serious offences carry imprisonment maxima and proceed to court rather than an on-the-spot ticket.

Disqualification periods, and NT's first-offence gap

Escalated minimums also apply where a prior conviction falls within the preceding 3 years, up to a 5-year minimum disqualification under section 21(4) and (5) for a repeat high-range offence.

A genuine, checked asymmetry in the statute: for low range, the section 25 zero-alcohol group and drug presence, the automatic-cancellation clause applies only from a second or subsequent offence. Section 23(4), for example, opens "if a court finds a person guilty of a relevant offence that is a second or subsequent offence, the person's licence to drive is automatically cancelled," with no equivalent first-offence subsection; sections 25(6) to (6A) and 28(4) are drafted the same way. By contrast, section 24 (learner, P-plate, under-18 and unlicensed drivers) does mandate a first-offence 3-month disqualification, and every general-population BAC tier and fault-based offence disqualifies from the first offence. This is a real gap in the Act's own automatic-cancellation mechanism, not an omission in this page's research. Whether a separate general sentencing power outside Part V could still let a court disqualify a genuine first-time low-range offender was not confirmed this session, so this page does not claim that no disqualification is possible for a first offence, only that the Act's automatic-cancellation trigger does not reach one.

Immediate roadside licence suspension

Under section 29AAN, if a person is charged with an "immediate suspension offence," a police officer may issue a notice that suspends the licence and disqualifies the person from driving immediately on receipt, before any court finding of guilt. High range, refuse-breath and refuse-blood are immediate suspension offences on every occasion; under-the-influence, medium range, low range, both zero-alcohol classes and drug presence are immediate suspension offences only when the offence is a second or subsequent one. The notice must state a right of appeal, and that appeal goes to the Local Court, not the Magistrates Court, which is how the Act itself names NT's court of first instance for this purpose. The suspension and disqualification run until the notice is revoked, the charge is withdrawn, or the court disposes of the charge. Separately, failing to surrender a licence document once given a notice is itself an offence (20 PU), and driving while suspended under such a notice carries up to 12 months' imprisonment on a strict-liability basis.

Alcohol Ignition Lock (AIL)

NT's statutory term for its interlock scheme is AIL, and its scope is narrower than schemes in some other states. Section 29AAYB limits AIL-licence eligibility to people disqualified under a specific list of second-or-subsequent-offence provisions covering high range, medium range, the section 24 zero-alcohol offences, the section 25(2) under-25/newly-licensed zero-alcohol offences specifically (not the section 25(1) heavy/commercial/dangerous-goods group, which has no AIL pathway under section 25(6)), alcohol-related under-the-influence, and refusal, where the mandatory disqualification period is under 5 years. Those offenders can apply for an AIL licence covering an "AIL period" tacked on immediately after the mandatory minimum; if they do not apply, they simply remain disqualified for that period instead. The AIL period ranges from 6 months to 3 years for the zero-alcohol classes (sections 24(5)(b)(ii) and 25(6A)), but is 12 months to 3 years, double the floor, for high range, medium range, alcohol-related under-the-influence, refuse breath and refuse blood (sections 21(3)(b)(ii), 22(3)(b)(ii), 29AAA(3A)(b)(ii), 29AAE(3)(b)(ii) and 29AAH(3)(b)(ii)).

Low range, drug-only under-the-influence and drug presence are not on the AIL-eligible list at all, so no interlock pathway exists under the Act for those offences, and a genuine first offence in any AIL-eligible category is not itself AIL-eligible either; the scheme is confined to repeat offenders. Breaching AIL conditions (section 29AAYD) carries up to 12 months' imprisonment for driving a non-AIL vehicle, driving with a malfunctioning or bypassed device, or breaching a licence condition (20 PU); a conviction cancels the AIL licence and the person is disqualified for the rest of the AIL period.

Some online sources describe a 0.02 BAC restart trigger, a 3-minute retry window, and a low-income or remote subsidy for install and removal costs. Those specific mechanics could not be verified against a primary NT Government source for this page: the relevant nt.gov.au explainer pages returned an access challenge rather than serving content, so treat that detail as reported, not confirmed.

Vehicle impoundment: not part of NT's drink driving scheme

NT's Traffic Act gives police power to impound a vehicle used in committing a "prescribed driving offence" (Part VA, section 29AD), but that term is defined by regulation rather than by the Act itself. Regulation 91A of the Traffic Regulations 1999 prescribes exactly three provisions as "prescribed driving offences," all excessive-speed, wheel-spin and racing "hoon behaviour" offences. None of the Part V drink or drug driving offences are on that list. NT has no vehicle-impoundment sanction tied to drink or drug driving, a real difference from a jurisdiction like Victoria, where a 0.10 BAC reading can trigger a 30-day impound directly under the Act.

Drug driving

Section 28, driving with certain drugs in body, is a pure presence offence: if a prohibited drug is detected in a saliva or blood sample, the offence is made out and impairment does not need to be shown. It carries the same penalty tier as low-range alcohol, 5 PU or 3 months for a first offence and 7.5 PU or 6 months for a second or subsequent one, with the same first-offence disqualification gap noted above and immediate suspension only on a repeat offence. A defence under section 29 applies only where the drug detected is not one of the drugs prescribed as having no defence under section 19A(a), and is one of the drugs listed under section 19A(b) for which a defence may apply, and the defendant satisfies the court that they were under a medical practitioner's treatment, took the drug as part of that treatment, and took it in accordance with the practitioner's directions.

Drug-affected driving that also involves a genuine loss of control instead falls under the fault-based section 29AAA under-the-influence offence, which covers alcohol and drug impairment together rather than as separate drug-specific provisions, carrying the same 10 PU/12-month and 20 PU/12-month penalties, and the same 6-month/12-month disqualification pattern set out above, with AIL eligibility on the alcohol branch of that offence.

Refusing a test

Refusing a breath analysis or a blood sample is punished identically to a high-range offence on every measure checked directly against the Act's text. Section 29AAE(1) (refuse breath) and section 21(1) (high range) read identically: 10 penalty units or 12 months' imprisonment for a first offence, 20 penalty units or 12 months for a second or subsequent one. The disqualification periods also match exactly, 12 months for a first offence and 18 months for a second or subsequent one, with the same AIL eligibility. There is no discount for refusal compared with the top BAC tier in NT.

Court process and getting your licence back

Contested matters and any offence that proceeds past a Traffic Infringement Notice are heard in the Local Court. Reinstatement runs through the disqualification or AIL period set by the offence and, where the AIL scheme applies, satisfying its conditions for the full AIL period.

Section 102AA of the Motor Vehicles Act 1949, a separate Act not part of the Traffic Act's own Part V, requires the Registrar to refuse a new licence to an applicant disqualified for a medium range, high range, under-the-influence or refuse-breath offence unless they complete an approved education course and/or approved treatment, per a table that escalates from a course requirement on a first offence of medium range or under-the-influence, to a course-or-treatment discretion for a second such offence or a first high-range/refuse-breath offence, up to a Local Court approval requirement for heavy or commercial vehicles on a second or later high-range/refuse-breath offence. This table does not reach low range, the zero-alcohol classes, drug presence, or refuse blood, so the gate is real but narrower than a blanket rule for every offence. Similarly, some sources state that NT offers no restricted or work licence during a drink driving disqualification, consistent with finding no such provision in Part V, but a separate Act, the Motor Vehicles Act 1949, was not checked for a general restricted-licence power, so that absence is reported as unconfirmed rather than settled.

For related NT driving-law topics, see the Northern Territory's demerit points system and the Australia driving laws hub.