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Drink Driving Law

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What is drink driving?

Drink driving, also known as DUI, happens when someone is in driver’s seat of a motor vehicle and drives or attempts to drive whilst under the influence of alcohol above the allowed BAC.

The amount of alcohol in the blood stream, known as the Blood Alcohol Level (‘BAC’) can generally not exceed .05% alcohol in the body. This may be different if you are a learner driver, a provisional driver (‘P-plater’) or in charge of a large motor vehicle, like a truck where the allowable limit may be nil.

What legislation controls drink driving?

It is important to remember that drink driving legislation varies between States and Territories. This means that the drink driving penalties and laws differ from state to state. 

The penalties vary between each piece of legislation and also depends on factors such as:

  • Age
  • Type of licence
  • BAC level
  • Previous  drink driving convictions
  • Other charges, e.g. speeding
  • Type of vehicle etc.