JURISDICTION: ACT

Drink Driving in the ACT

In shortIn the ACT, driving with 0.05 or more is an offence, and special drivers such as learners and provisional drivers must be at zero. The penalty and the automatic disqualification depend on which of four alcohol levels your reading falls in and whether you are a first or repeat offender. Level 4 brings a mandatory interlock condition.

  • Levels: level 1 is under 0.05, level 2 is 0.05–0.079, level 3 is 0.08–0.149 and level 4 is 0.15 or more (s 4E Table 4E).
  • Disqualification: automatic on conviction; the court can only go down to the minimum in Tables 27 and 28.
  • Refusal: refusing a breath or blood test carries up to 100 penalty units and 12 months' jail for a first offender.

Australian Capital Territory law · law checked 21 Oct 2026

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What's on this page

The offence: prescribed concentration of alcohol

Section 19 of the Road Transport (Alcohol and Drugs) Act 1977 makes it an offence to drive, or act as a driver trainer, on a road or road related area with the prescribed concentration of alcohol in your blood or breath. It is a strict liability offence, so the prosecution does not need to prove you knew your reading (s 19(2)).

The prescribed concentration is (s 4C):

  • Special drivers: more than 0. This covers learner, provisional, probationary and restricted licence holders, drivers with an interlock condition, unlicensed, suspended or disqualified drivers, and drivers of heavy vehicles over 15 t, public passenger vehicles, light rail and placarded dangerous goods vehicles (s 4B).
  • Everyone else: 0.05 or more.

A reading counts if it is found within the relevant period after you stopped driving, by breath analysis or a blood test (s 19(4)–(5)).

The four alcohol levels and the maximum penalties

Section 4E Table 4E sets the levels, and Table 19 sets the maximum penalty for each. One penalty unit is $160 for an individual (Legislation Act 2001 s 133).

Level Alcohol concentration (g/100 mL blood or 210 L breath) First offender maximum Repeat offender maximum
Level 1 Under 0.05 (an offence for special drivers only) 25 penalty units ($4,000) 50 penalty units ($8,000), 6 months' jail or both
Level 2 0.05 to under 0.08 25 penalty units ($4,000) 50 penalty units ($8,000), 6 months' jail or both
Level 3 0.08 to under 0.15 50 penalty units ($8,000), 6 months' jail or both 100 penalty units ($16,000), 12 months' jail or both
Level 4 0.15 or more 75 penalty units ($12,000), 9 months' jail or both 150 penalty units ($24,000), 18 months' jail or both

These are maximums. The magistrate sets the actual penalty under the Crimes (Sentencing) Act 2005, and a driver trainer cannot be sentenced to jail for this offence (s 19(3)).

Automatic licence disqualification

On conviction you are automatically disqualified for the default period in the table. The court can order a shorter period, but not below the minimum (ss 27–28). Time already served under an immediate suspension notice for the same offence is credited, unless the court finds you did not comply with the notice (s 35).

Level First offender: minimum / default (s 27) Repeat offender: minimum / default (s 28)
Level 1 3 months / 6 months 6 months / 12 months
Level 2 3 months / 6 months 6 months / 12 months
Level 3 6 months / 12 months 12 months / 2 years
Level 4 9 months / 18 months 18 months / 3 years

The disqualification starts from conviction unless the court orders a later date, and it cancels any licence you hold (Road Transport (General) Act 1999 ss 66, 68).

If the court finds the offence proved, it can, without convicting you, make a non-conviction order under the Crimes (Sentencing) Act 2005 s 17: either dismiss the charge, if it is satisfied no punishment other than a nominal one is appropriate, or make a good behaviour order of up to 3 years. In deciding, the court must consider your character, antecedents, age, health and mental condition, the seriousness of the offence and any extenuating circumstances (s 17(3)). Whether an order is made depends on the facts of each case. The automatic disqualification sections apply to a person who is convicted (Road Transport (Alcohol and Drugs) Act 1977 pt 4), so they are not triggered by a non-conviction order. A finding of guilt still counts when working out whether a later offence is a repeat offence (s 4F), and the court can make any ancillary order it could have made on conviction, which can include a licence disqualification (Crimes (Sentencing) Act s 18). The court can still order a disqualification for a person found guilty (Road Transport (General) Act 1999 s 64), and an alcohol awareness course will usually be needed (Driver Licensing Regulation s 73C).

Who counts as a repeat offender

Under s 4F you are a repeat offender if you have been convicted or found guilty of a relevant offence committed at any time before this one, with no time limit. An undisputed infringement notice from another jurisdiction for a corresponding offence in the previous 5 years also counts. Repeat offenders face the higher maximums and longer disqualifications above, and cannot get a restricted licence (Road Transport (General) Act 1999 s 67).

Refusing a test and driving under the influence

Offence First offender maximum Repeat offender maximum Automatic disqualification
Refusing a breath sample (s 22), refusing a screening test (s 22C) or refusing a blood test (s 23) 100 penalty units ($16,000), 12 months' jail or both 200 penalty units ($32,000), 2 years' jail or both First: 2 years (court can reduce to 6 months). Repeat: 4 years (minimum 12 months) (s 34A)
Driving under the influence of liquor or a drug (s 24) 100 penalty units ($16,000), 12 months' jail or both 200 penalty units ($32,000), 2 years' jail or both First: 2 years (minimum 12 months). Repeat: 4 years (minimum 2 years) (ss 33–34)
Failing to stay for a screening test (s 22B) 100 penalty units ($16,000) 100 penalty units ($16,000) Not listed in s 34A

There is a defence to failing a breath test in line with directions if it was based on medical grounds or another reasonable excuse (s 22(2)). If you were only in charge of a vehicle and had not started it or put it in motion, and did not intend to drive until under the limit, ss 19A and 24(3) give a defence that you must prove.

Interlocks after drink driving

A mandatory interlock condition applies if you are convicted of a level 4 offence, the combined alcohol and drug offence, a refusal offence connected to alcohol, or driving under the influence of alcohol, or if you are a habitual offender (Driver Licensing Regulation s 73T). Once you have served at least half of the disqualification, you can apply for a probationary licence with an interlock condition. The interlock period runs for at least 6 months, or to the end of the disqualification if that is later, and only ends once you have had 3 months without a breach (s 73Y). Before sentence, the court must receive a report from the court alcohol and drug assessment service (CADAS) (s 73U).

For other alcohol-related disqualifications, you can choose a voluntary interlock and apply for an interlock probationary licence at any time during the disqualification (s 73V). With an interlock condition you are a special driver and must be at zero.

If the mandatory interlock condition applies, you can apply to the road transport authority for an exemption because of special circumstances, for example a medical condition that stops you giving a sufficient breath sample (Driver Licensing Regulation s 73ZE). The device must be an approved device fitted by an approved installer, and installation and monthly service costs are set by the providers.

Alcohol awareness course

After an alcohol-related disqualifying offence, you will usually need to complete an alcohol awareness course before a restricted or probationary licence issues (Driver Licensing Regulation ss 73C–73F), unless you completed one in the previous 12 months or get an exemption.

Law change note (dated 21 October 2026): A Bill to change these laws is before the ACT Legislative Assembly as at 21 October 2026; this page will be updated if it passes. The Road Transport (Alcohol and Drugs) Amendment Bill 2026 would only affect the combined alcohol and drug offence in s 21 on this page, where THC is the only drug and was lawfully used. The alcohol levels, penalties and disqualification periods above are unchanged by it. Details are on our drug driving page.

How Boorman Lawyers can assist

Our principal appears at ACT Magistrates Court sentence hearings for drink driving; an agent colleague may appear on adjournments. We can explain which level your reading falls in, how the minimum and default periods apply to you, whether a restricted or interlock licence is open, and what material the magistrate will want to see. We cannot promise any result. ACT enquiries: call 1300 941 900 or make an enquiry about legal representation and mention that your matter is in the ACT. Also see drug driving in the ACT, restricted licences and the ACT Magistrates Court.

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FAQs: drink driving in the ACT

Is 0.05 a level 2 offence?

Yes. Level 2 starts at 0.05 and runs to just under 0.08. Below 0.05 is level 1, which is only an offence for a special driver.

Can the court give less than the minimum disqualification?

No. On conviction the court can reduce the default period, but not below the minimum in Table 27 or 28.

Do earlier offences from years ago make me a repeat offender?

Earlier court findings for a relevant offence count no matter how long ago they were (s 4F). Only the interstate infringement notice limb has a 5-year window.

I blew 0.12 as a first offender. Can I get a restricted licence?

No. A first offender under s 19 is not eligible if the reading was 0.1 or more, or 0.05 or more for a special driver (Road Transport (General) Act 1999 s 67A).

Does a level 4 conviction always mean an interlock?

A level 4 conviction with a disqualification brings the mandatory interlock condition on your next probationary licence, unless you get an interlock exemption (Driver Licensing Regulation ss 73T, 73ZE).

Sources and date checked

The law on this page was checked against these primary and official sources on 21 Oct 2026. Penalty unit dollar amounts are as at 21 Oct 2026.

This page is general information about Australian Capital Territory law only. It is not legal advice. Every matter turns on its own facts.

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