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Attorney-General's Chambers

Sentencing Tariffs for Drink Driving

Find out about the Prosecution’s sentencing tariffs for drink driving offences.

Last updated 19 November 2025

Prosecution's sentencing tariffs for s 67(1)(b) of the Road Traffic Act

  1. An accused has a choice whether to Plead Guilty or to Claim Trial to the charge of drink-driving. Before the Court imposes sentence, he can inform the Court of matters that he thinks are relevant to sentencing.

  2. The Prosecution will ask the Court to impose a fine and a driving disqualification order if –

    1. An accused pleads guilty (“PG”) to his charge;

    2. The accused has not previously been convicted on an offence of drink driving; and

    3. The offence did not result in an accident.

  3. The fine and driving disqualification order that the Prosecution will be seeking in cases falling under paragraph 2 will be as follows:

Fine and driving disqualification order based on alcohol level

Alcohol level (BEA)

Judge has power to impose

The prosecution will ask

µg / 100ml of breath

For blood alcohol readings, multiply by 0.4375 to obtain BEA level

Section 67(1) RTA

PG at Mentions Stage

PG after Mentions Stage

BEA: 36 – 54

$2,000 – $10,000

OR

Imprisonment not exceeding 12 months

OR

Both

AND

Section 67(2)(a)
DQ at least 2 years
from conviction date

BEA: 40 – 44
$2,000 (min) AND 24 months’ DQ

BEA: 45 – 54
$2,500 AND 24 months’ DQ

$2,000 (min) – $4,000
AND
24 – 30 months’ DQ

BEA: 55 – 69

BEA: 55 – 62
$4,000 AND 30 months’ DQ

BEA: 63 – 69
$4,500 AND 30 months’ DQ

$4,000 – $6,000
AND
30 – 36 months’ DQ

BEA: 70 – 89

BEA: 70 – 79
$6,000 AND 36 months’ DQ

BEA: 80 – 89
$6,500 AND 36 months’ DQ

$6,000 – $8,000
AND
36 – 48 months’ DQ

BEA: 90 – 100

BEA: 90 – 99
$8,000 AND 48 months’ DQ

BEA: ≥ 100
$8,500 AND 48 months’ DQ

$8,000 – $10,000 (max)
AND
48 – 60 months’ DQ
(or longer)

  1. The Prosecution reserves the right to revise its sentencing positions in paragraph 3 should new facts or new circumstances emerge. In the event that the Prosecution decides to exercise this right, the Prosecution will inform an accused as soon as possible

Important:

  1. It is the Court that will decide the appropriate sentence (and not the Prosecution or the Police).

  2. The information provided herein is not intended or meant to be legal advice. An accused charged with an offence of drink driving under s 67(1)(b) of the Road Traffic Act is entitled to seek legal advice on his rights, and on the information contained herein. These include –

    1. whether he should plead guilty,

    2. whether any defences apply; and

    3. whether there are any relevant circumstances and/or mitigating considerations which may affect his sentence.

PDF version: Prosecution's sentencing tariffs for s 67(1)(b) of the Road Traffic Act [PDF, 248 KB]