Key Offences Include
- Novice Range Drink Driving – BAC 0.00 to 0.019 (applies to new or provisional drivers).
- Special Range Drink Driving – BAC 0.02 to 0.049 (applies to heavy vehicle, bus, taxi and professional drivers in NSW).
- Low Range Drink Driving – BAC 0.05 to 0.079.
- Mid Range Drink Driving – BAC 0.08 to 0.149.
- High Range Drink Driving – BAC 0.150 or above.
- Driving Under the Influence of Alcohol – impairment from alcohol, regardless of BAC.
- Drive with Illicit Drug in System – presence of cannabis, methamphetamine, MDMA, or other substances.
- Driving Under the Influence of Drugs – impairment caused by drugs.
- Refuse to Submit to Breath Test – refusing a roadside test.
- Refuse to Submit to Breath Analysis – refusing the formal station test.
- Refuse to Submit to Oral Fluid Test – refusing roadside saliva test.
- Wilfully Alter Concentration of Alcohol – tampering with breath, blood, or urine samples.
Mandatory Interlock Program may apply to certain offences, requiring installation of an alcohol interlock device when returning to driving.
Penalties for Heavy Vehicle Drivers
Penalties depend on state/territory, BAC/drug reading, and whether it is a first or repeat offence. Heavy vehicle drivers are often subject to stricter rules than regular drivers. The following are penalties across Australia for the first offence of High Range Drink Driving.
| State | Penalties & Conditions |
| NSW | Heavy vehicle drivers must stay below 0.02 BAC. Penalties include immediate licence suspension, fines up to $3,300, minimum 12-month licence disqualification, minimum 24-month interlock, and in the most severe cases, imprisonment up to 18 months. |
| VIC | Heavy vehicle drivers must maintain Zero BAC. Penalties include immediate licence suspension, minimum 15-month licence disqualification for the first offence, minimum 6-month interlock, and in the most severe cases, imprisonment up to 12 months. |
| QLD | Heavy vehicle drivers must maintain Zero BAC. Penalties include immediate licence suspension, fines up to $4,673, minimum 6-month licence disqualification, minimum 12-month interlock, and in the most severe cases, imprisonment up to 9 months. |
| SA | Heavy vehicle drivers must maintain Zero BAC. Penalties include immediate licence suspension, fines up to $1,600, minimum 12-month licence disqualification, 6 demerit points and in the most severe cases, imprisonment up to 3 months. |
| ACT | Heavy vehicle drivers must maintain Zero BAC. Penalties include immediate licence suspension, fines up to $12,000, minimum 9-month licence disqualification, minimum 6-month interlock, and in the most severe cases, imprisonment up to 9 months. |
| TAS | Heavy vehicle drivers must maintain Zero BAC. Penalties include immediate licence suspensions, fines up to $1,100, minimum 12-month licence disqualification, minimum 18-month interlock, and in the most severe cases, imprisonment up to 12 months. |
Why These Offences Matter
For truck, bus, and professional drivers, even a low reading can have serious consequences:
- Immediate licence suspension, jeopardising your employment.
- Criminal record affecting future job opportunities.
- Loss of income and increased insurance premiums.
- Ineligibility for certain driving roles.
Our Defence Approach
At Highway Advocates, we regularly defend drivers facing:
- Mid range drink driving the morning after drinking.
- Driving under the influence of MDMA.
- Driver found with marijuana in their system multiple days after smoking.
- Driving under the influence of alcohol.
- High range drink driving resulting in a crash causing death.
- Driving heavy vehicle with methamphetamine found in system.
We examine every detail: your activity before you were stopped, the roadside stop, police procedures during and after the stop.
Our goal is to reduce penalties, avoid conviction, avoid licence suspensions and have charges dismissed wherever possible.
Results
We have achieved outcomes such as:
- Offence downgraded – through negotiation and legal arguments.
- Penalties reduced – by presenting evidence of good driving history, personal circumstances and rehabilitation.
- No conviction recorded – through conditional release orders and dismissals without conviction.
- Charges dismissed – when the evidence just doesn’t stack up and proper procedures were not followed.
- Licence saved – keeping you on the road where you belong.
Special Range Drink Driving applies to heavy vehicle, bus, taxi, and professional drivers in NSW with a BAC of 0.02 to 0.049. Even a first offence can lead to fines, licence disqualification, and mandatory interlock.
Novice Range Drink Driving applies to new or provisional licence holders with a BAC of 0.00 to 0.019. Penalties include fines, licence suspension, and potential impact on your driving record.
Low Range Drink Driving occurs when your BAC is 0.05 to 0.079. For heavy vehicle drivers, any positive reading may trigger a charge, fines, licence disqualification, and in some cases, mandatory interlock requirements.
Mid Range Drink Driving is for BAC readings of 0.08 to 0.149. Penalties are more severe, including higher fines, longer licence disqualification, and possible imprisonment for repeat offenders.
High Range Drink Driving occurs when BAC is 0.150 or above. Heavy vehicle drivers face maximum fines, extended licence disqualification, mandatory interlock programs, and possible imprisonment.
Driving Under the Influence of Alcohol includes any impairment caused by alcohol, even if your BAC is below legal limits. This can still lead to fines, licence disqualification, and a criminal record.
Driving Under the Influence of Drugs or having an illicit drug in your system can result in fines, licence suspension, mandatory interlock, and criminal charges. Heavy vehicle drivers are treated more strictly than ordinary motorists.
Refusal to submit to any required alcohol or drug test is treated seriously and often considered equivalent to a high-range drink driving offence. Penalties include fines, licence disqualification, and possible criminal charges.
This occurs when a driver tampers with a breath, blood, or urine sample to change the alcohol reading. Penalties include fines, licence disqualification, and potential imprisonment.
Certain drink driving offences require a mandatory interlock program, which installs an alcohol detection device in your vehicle.
You cannot start the vehicle if alcohol is detected. If alcohol is detected while you are driving, the car engine shuts down.
You are required to pay for the installation and maintenance of the interlock, which generally costs upwards of $2,000.