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 maximum financial penalty for a first offence is $1,100, and for a second or subsequent offence it is $2,200.


You do not lose any demerit points for drink driving offences.  There is no possible jail sentence for this offence.


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.