Drink driving penalties
You may have to go to court if you're caught drink driving in the Northern Territory (NT).
The courts will decide how long your licence must be disqualified for and whether you receive a fine or a jail term.
Your penalty will depend on:
- your blood/breath alcohol concentration at the time of the offence
- whether you have been previously convicted of a drink driving offence.
Your blood alcohol concentration (BAC) is measured in a percentage per 100 millilitres of blood.
You breath alcohol concentration (BrAC) is measure in a percentage per 210 litres of breath exhaled.
To find out more about penalty units and other offences read traffic offences and penalties.
The details of penalties are in the Traffic Act 1987.
First drink driving offence penalties
This table shows the maximum penalties that may apply for a first drink driving offence:
BAC/BrAC | Minimum licence disqualification | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
Over 0.00%
| 3 months (mandatory) | Court ordered fine of 5 penalty units | 3 months | |
Over 0.00% Drivers of certain vehicles including:
| NA | $400 traffic infringement notice (on-the-spot fine) or Court ordered fine of 5 penalty units | 3 | 3 months |
0.05% and over, but under 0.08% | 3 months | $400 traffic infringement notice (on the spot fine) or Court ordered 5 penalty units fine | 3 | 3 months |
0.08% and over, but under 0.15% | 6 months | 7.5 penalty units fine | 6 months | |
0.15% and over | 12 months | 10 penalty units fine | 12 months |
Second or subsequent drink driving offence penalties
In addition to the below penalties for a second or subsequent drink driving offence, you may also receive an alcohol ignition lock order.
BAC/BrAC | Minimum licence disqualification | Maximum fine amount | Demerit points | Maximum term of imprisonment |
|---|---|---|---|---|
Over 0.00%
| 6 months (mandatory) | Court ordered fine of 7.5 penalty units for second offence | 6 months | |
Over 0.00% Drivers of certain vehicles including:
| 3 months for second offence 6 months for subsequent offence | $400 traffic infringement notice or Court ordered 7.5 penalty units fine for second offence | 3 | 6 months |
0.05% and over, but under 0.08% | 6 months | 7.5 penalty units fine | 3 | 6 months |
0.08% and over, but under 0.15% | 12 months | 20 penalty units fine | 12 months | |
0.15% and over | 18 months | 20 penalty units fine | 12 months |
Immediate suspension
Your licence will be immediately suspended if you:
- have been charged with a second or subsequent low-range drink driving offence
- have been charged with a second or subsequent mid-range drink driving offence
- have been charged with a high-range drink driving offence
- fail to provide police with a sample of breath or blood when requested
- have been charged with a second or subsequent offence for dangerous operation of a motor vehicle while under the influence
- have been charged with a second or subsequent drink driving offence and are a driver instructor, the holder of a licence or a driver of a vehicle to whom a zero blood or breath alcohol concentration applies.
The immediate suspension will end when the drink driving charge has been finalised by a court, is withdrawn or discontinued.
You may appeal to the Local Court against an immediate suspension notice.
Getting your licence after disqualification
When your disqualification ends, you can apply for a driver licence by going to an MVR office in person.
If your licence was disqualified because of a drink or drug driving offence, you may be required to complete a drink and drug driver education course.
You will be charged a licence fee.
You may also have to install an alcohol ignition lock.
Banned Drinker Register
If you are charged with a drink driving offence, you may have been placed on the Banned Drinker Register.
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