What is the offence?
If you drive a motor vehicle and you have a blood alcohol level of more than 0.05 but less than 0.08 you are guilty of an offence.
For this offence, you are driving if you:
- Drive a motor vehicle; or
- Occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion; or
- Occupy the passenger seat of a motor vehicle as the supervisor of a learner driver who is driving the vehicle
If you have a blood alcohol level of more than 0.08 then you are guilty of a different offence (being mid range or high range) and should see our other pages about drink driving.
What is the potential penalty?
The automatic licence disqualification period for a first offence is 6 months, with a minimum disqualification period of 3 months. For a second offence within 5 years the automatic disqualification period is 12 months.
You will suffer a licence suspension unless the court exercises it’s discretion pursuant to section 10 of the Crimes Act to not enter a conviction. We can discuss whether or not you are likely to be dealt with under section 10 during our free, no obligation first interview.