Driving under the influence of alcohol is a serious offence across Australia, with each state and territory enforcing strict laws to ensure road safety. One of the primary measures used to regulate this is to ensure that all drivers, when in control of a motor vehicle, are under the legal blood alcohol concentration (BAC) limit. For full licence holders, the BAC limit is the same across Australia, although there are slight variations in the application of the law to drivers no holding a full licence.
If you are facing charges related to drink driving or driving under the influence in Victoria, contact drink driving lawyers you can trust.
The Legal BAC Limit for Full Licence Holders
In all Australian states and territories, the legal blood alcohol concentration (BAC) limit for full licence holders is 0.05 grams of alcohol per 100 millilitres of blood. This means that if your BAC is 0.05 or higher, you are committing a drink driving offence.
What is the legal blood alcohol concentration (BAC) for a learner or probationary driver?
In all Australian states and territories, the BAC limit is zero for; Learner, Provisional, or Probationary drivers.
In relation to the following categories there is some variation between the states and territories.
- Truck drivers
- Bus drivers
- Driving instructors or those supervising a learner driver
- Those convicted of driving under the influence (DUI).
Why 0.05 BAC?
The 0.05 limit is based on research indicating that driving performance begins to decline at this level, increasing the risk of accidents. Alcohol impairs judgment, reaction time, and coordination, even in small amounts, which is why exceeding this limit when driving is treated as a serious breach of the law.
If you choose to drink alcohol, your BAC level should remain below 0.05 if you:
- Drink no more than two standard drinks in the first hour and one per hour thereafter (for men of average size), or
- Drink no more than one standard drink per hour (for women of average size).
BAC can be measured with a breathalyser, or by analysing blood sample, oral fluid or urine analysis.
State and Territory-Specific BAC Limits
While the BAC limit for full licence holders is consistent, there are nuances and stricter conditions in some states and territories.
Victoria (VIC)
- A zero BAC applies to the following drivers of cars, light trucks and motorcycles:
- Car and motorcycle learner and probationary drivers
- People who have an interlock condition on their licence
- Professional driving instructors
- Motorcyclists in the first 3 years of holding a licence
- Drivers with a Z condition on their licence
- A 0.05 BAC applies for all other drivers
- Any driver/rider licensed following a drink driving offence has a zero BAC condition on their licence for a period of 3 years (or if the period of their interlock condition is longer, it is whichever is greater) and must install an alcohol interlock prior to licensing.
- A zero BAC applies to the following drivers of trucks, taxis and private hire cars:
- Drivers of vehicles over 15 tonnes GVM
- All taxi and bus drivers
- Some emergency vehicle drivers.
The legislation that defines drink driving offences and penalties in Vic is the Road Safety Act 1986.
New South Wales (NSW)
- A zero BAC applies to the following drivers of cars, light trucks and motorcycles:
- A zero BAC limit applies to all learner licence holders, provisional P1 licence holders, provisional P2 licence holders and interlock licence holders. For other drivers it is 0.05 BAC.
- For drivers of trucks over 13.9 tonnes GVM, all drivers of public passenger vehicles within the meaning of the Passenger Transport Act 1990 and drivers of any vehicles carrying dangerous goods or radioactive substances it is 0.02 BAC.
The legislation that defines drink driving offences and penalties in NSW is the Road Transport Act 2013.
Queensland (QLD)
- A zero BAC applies to the following drivers of cars, light trucks and motorcycles:
- For learner licence holders, probationary licence holders, provisional licence holders, class RE licence holders for the first year of holding a motorbike licence, restricted licence holders, licence holders subject to a 79E order, interlock drivers, driver trainers while giving driver training and unlicensed drivers.
- For drivers of trucks, public passenger vehicles, articulated motor vehicles, B-doubles, road trains, vehicles carrying placard load of dangerous goods, tow trucks and pilot or escort vehicles the limit is zero BAC.
- For all other drivers, the limit is 0.05 BAC.
The legislation that defines drink driving offences and penalties in Qld is the Transport Operations (Road Use Management) Act 1995.
South Australia (SA)
Drivers of cars and light trucks, motorcycle riders
- For learner permit holders and provisional and probationary licence holders it is zero BAC. For drivers not listed elsewhere it is 0.05 BAC. Note that unlicensed drivers are also subject to zero BAC.
Drivers of trucks, taxis, buses and private hire cars
- For drivers of vehicles over 15 tonnes GVM, prime movers with an unladen mass less than 4 tonnes, taxis, buses, licensed chauffeured vehicles and vehicles carrying dangerous goods it is zero BAC.
The legislation that defines drink driving offences and penalties in SA is the Road Traffic Act 1961.
Western Australia (WA)
Drivers of cars and light trucks, motorcycle riders
A zero BAC applies to the following groups of drivers:
- Novice drivers
- Holders of extraordinary licences
- Recently disqualified drivers
- A 0.05 BAC applies for other drivers.
Drivers of trucks, taxis, buses and private hire cars
A zero BAC applies to the following groups of drivers:
- Vehicles exceeding 22.5 tonne gross combination mass (GCM)
- Vehicles carrying dangerous goods (when such goods are being carried)
- Buses (while carrying passengers where the vehicle is equipped to carry more than 12 adults including the driver)
- Small charter vehicles (when carrying passengers for hire or reward)
- Taxis (when carrying passengers for hire or reward)
- A 0.05 BAC applies for other drivers.
The legislation that defines drink driving offences and penalties in WA is the Road Traffic Act 1974.
Tasmania (TAS)
Drivers of cars and light trucks, motorcycle riders
- For unlicensed and learner drivers, provisional licence holders, people convicted of causing death driving a motor vehicle, or reckless or negligent driving, people with three of more drink-driving convictions in 10 years it is zero BAC. For drivers not listed elsewhere it is 0.05 BAC.
Drivers of trucks, taxis, buses and private hire cars
- For drivers of all public passenger vehicles (e.g. buses, taxis) and vehicles exceeding 4.5 tonnes GVM it is zero BAC.
The legislation that defines the drink driving offences and penalties in Tasmania is the Road Safety (Alcohol and Drugs) Act 1970.
Northern Territory (NT)
Drivers of cars and light trucks, motorcycle riders
- For unlicensed and learner drivers, provisional licence holders, drivers under 25 with less than 3 years’ experience it is zero BAC. For other drivers it is 0.05 BAC.
Drivers of trucks, taxis, buses and private hire cars
- For drivers of vehicles over 15 tonnes GVM, public passenger vehicles, dangerous goods vehicles, vehicles with people unrestrained in an open load space and vehicles carrying more than 12 people; and for driving instructors while instructing, licensed drivers under the age of 25 who have been licensed for less than 3 years it is zero BAC.
- For drivers it is 0.05 BAC.
The legislation that defines the drink driving offences and penalties in the NT is the Traffic Act 1987.
Australian Capital Territory (ACT)
Drivers of cars and light trucks, motorcycle riders
- The legal BAC limit applying to learner, provisional and probationary drivers, drivers classed as ‘special drivers’ and restricted licence holders is zero BAC.
- The legal limit for drivers of cars, trucks and buses (excluding public vehicles) up to 15 tonnes gross vehicle mass (GVM) and riders of motorcycles who hold a full licence (gold) is below 0.05 BAC.
Drivers of trucks, taxis, buses and private hire cars
- The legal BAC limit applying to drivers of heavy motor vehicles exceeding 15 tonnes GVM, dangerous goods vehicles, public vehicles (taxis, buses, rideshare, and private hire cars) and Commonwealth chauffeur cars is zero BAC.
The legislation that defines drink driving offences and penalties in the ACT is the Road Transport (Alcohol and Drugs) Act 1977.
Consequences of Exceeding the BAC Limit
Exceeding the legal BAC limit can lead to severe penalties, including:
- Fines: Varying by state and level of BAC.
- Licence Suspension or Disqualification: A mandatory disqualification period applies in most cases.
- Imprisonment: In some states in cases of repeat offending or high BAC readings.
Additionally, penalties are more severe for repeat offenders and professional drivers, often including vehicle impoundment or mandatory alcohol interlock devices.
The legal BAC limit of 0.05 for full licence holders in Australia reflects a nationwide commitment to reducing alcohol-related accidents. While the rules are consistent across states and territories, specific conditions may impose stricter limits for certain drivers or circumstances. Understanding these laws and prioritising road safety are essential for protecting yourself and others on the road.
If you’re facing drink driving charges or have concerns about BAC limits, seeking legal advice from a qualified lawyer can help clarify your rights and options.
