Drink and Drug Driving Offences: What You Need to Know

Drink and drug driving offences are treated seriously across Australia. NSW and the ACT are no exception.  Convictions can result in significant fines, licence disqualifications and, in serious case, imprisonment. Losing your licence can have a major impact on your employment, income and family life. 

If you have been charged with a drink or drug driving offence, it is important to understand how the law works and what options may be available to you. GPG Lawyers regularly assists clients through the ACT and NSW court processes to ensure they are fairly and properly represented.

The Law in the ACT

Drink  and drug driving laws in the  are contained in the Road Transport (Alcohol and Drugs) Act 1977.  The main offence provisions and penalties are set out in sections 19 to 21. Penalties are expressed in penalty units, which are as at February 2026, $160 per unit. Depending on the seriousness of the offence, the court may impose fines, loss of licence or imprisonment.

Drink Driving Levels Explained

Drink driving offences are divided into four levels based on Blood Alcohol Concentration (BAC):

1.     Level 1: Less than 0.05g;

2.     Level 2: 0.05g to less than 0.10g;

3.     Level 3: 0.10g to less than 0.15g; and

4.     Level 4: 0.15g or higher.

The higher the BAC, the greater the penalty, which increases again for a repeat offender.

Drug Driving Offences

Drug driving is treated differently to alcohol offences. Oral fluid testing returns either a positive or negative result for prescribed substances and is not based on a measured level.

Licence Disqualification Periods

The legislation provides both default and minimum disqualification periods The Court can reduce the default period, but cannot go below the minimum period.  For example, a first offender with a BAC under 0.05g faces a minimum disqualification period of 3 months, while a repeat offender convicted of a Level 3 offence faces a minimum disqualification period of 18 months.

Immediate Suspension Notices (ISN)

Police may also issue an Immediate Suspension Notice (ISN) if a driver fails a roadside breath test. This means you will be unable to drive immediately in the ACT. 

NSW residents may continue driving in NSW during this period, but are not permitted to drive in the ACT.

ISNs  usually remain in force for  up to three (3) months or until the first court appearance. You are unable to apply for a Restricted Licence during the period an ISN is in force. It is important to understand when the ISN period ends and communicate with ACT Police or your solicitor to ensure that you are permitted to drive before getting back behind the wheel.

Court Process

At the first Court appearance (known as a mention), you will be asked to either enter a plea of guilty or not guilty, or seek an adjournment to obtain legal advice.

If you plead guilty, your matter will be given a date for sentencing before a Magistrate either on the day, or more likely on a later date.

Challenging Test Results

Positive breath test results are confirmed by laboratory in accordance with the legislation.  There are limited circumstances in which these results can be challenged. Available defences are also limited and depend on the facts of each case. Obtaining legal advice is strongly recommended.

Sentencing Considerations

An early guilty plea may be taken into account by the Court when determining an appropriate sentence.

For higher- level offences or repeat offenders, the Court may require a pre-sentence report and a CADAS report. 

Completion of an approved drink and drug driving courses through Access Canberra are often mandatory and may assist in mitigation.  These courses are usually mandatory for high-level offences and for repeat offenders. 

Reducing Penalties

At sentencing, submissions can be made about factors that may justify a reduced penalty. A solicitor can assist by preparing relevant supporting material which might include character references, certificates of attendance at alcohol and drug driving courses, drug and alcohol counselling or rehabilitation records, evidence of employment, financial and family circumstances.

First-time offenders with a good driving history may be eligible for a non-conviction order. If granted, the charge against may be dismissed without conviction, potentially avoiding licence disqualification and fines.

Restricted and Probationary Licences

Restricted licences are not available to repeat offenders or first offenders with a BAC of 0.10g or higher.

Any period of licence disqualification imposed by the Court is generally reduced by the length of time your license was suspended under an ISN. You will need to attend at Access Canberra to inform them that your licence was suspended under the ISN to ensure your period of disqualification is reduced.

Once disqualification ends, drivers must apply for a probationary licence to commence driving again. In some cases, early eligibility to re-commence driving may apply if an alcohol interlock device is installed in the vehicle.

Need legal advice?

If you have been charged with a drink or drug driving offence in the ACT or NSW, early legal advice and representation can make a significant difference to the outcome of your case.

Contact Mark Gibbs at GPG Lawyers for advice. Phone: (02) 6185 7007.