In the NT, there are various offences related to drink driving contained in the Road Traffic Act 1972. A person who is caught drink driving in the NT may receive a traffic infringement or a summons to attend court. This page deals with the offences, penalties and procedures for drink driving offences in the Northern Territory.
What is drink driving?
A person commits a drink driving offence if they do any of the following on a road, road-related area or public place while affected by alcohol or while having alcohol in their system:
- drive a motor vehicle
- start the engine of a motor vehicle
- put a vehicle in motion
- attempt to do any of these things
A person does not have to have had an impaired ability to drive in order to be found guilty of a drink driving offence (with the exception of DUI).
High range drink driving
The offence of high range drink driving occurs when a person- drives with a blood alcohol content (BAC) of more than .15.
A first offence attracts a penalty of 10 penalty units or imprisonment for 10 months. A second offence attracts a penalty of 20 penalty units or imprisonment for 12 months.
A person who is found guilty of high range drink driving in the NT will have their licence suspended for a period of up to five years depending on their driving history.
Medium range drink driving
The offence of medium range drink driving occurs when a person drives with a BAC of between .08 and .149.
A first offence attracts a penalty of a fine of 7.5 penalty units or imprisonment for six months and disqualification from driving for at least six months. A second or subsequent offence attracts a penalty of a fine of 20 penalty units or imprisonment for 12 months and disqualification from driving for at least 12 months.
Low range drink driving
Low range drink driving occurs when a person drives with a BAC of between .05 and .079.
A first offence attracts a penalty of a fine of five penalty units or imprisonment for three months. A second or subsequent offence attracts a penalty of a fine of 7.5 penalty units or imprisonment for six months.
Zero alcohol limit
Some drivers are required to maintain a BAC of zero at all times. This includes drivers who are on leaner licences and drivers who are under 18. It is an offence for a driver who s subject to this requirement to drive with any alcohol on their breath.
A first offence is punishable by a fine of five penalty units or three months imprisonment. A second or subsequent offence is punishable by a fine of 7.5 penalty units or imprisonment for six months.
Driving under the influence (DUI)
The offence of driving under the influence (DUI) occurs when a person drives a vehicle while under the influence of alcohol or a drug to the extent of being incapable of having proper control of the vehicle.
A first offence attracts a penalty of a fine of 10 penalty units or imprisonment for 12 months. A second or subsequent offence attracts a penalty of a fine of 20 penalty units or imprisonment for 12 months.
Refusing to submit to breath test
A person is guilty of an offence if they fail to comply when asked to provide a breath or saliva sample.
A first offence attracts a penalty of a fine of 10 penalty units or imprisonment for 12 months. A second or subsequent offence attracts a penalty of a fine of 20 penalty units or imprisonment for 12 months.
Alcohol ignition locks
A person who is found guilty of a drink driving offence and is a repeat drink driver may be made subject to an alcohol ignition lock (AIL) order. When this order is made, the person must comply with an alcohol interlock condition for a specified period after their licence disqualification period ends.
While an alcohol interlock order is in force, the person is only allowed to drive a vehicle that has been fitted with an alcohol ignition lock. This device prevents the vehicle from starting if alcohol is detected on the driver’s breath. The device must be installed at the driver’s expense.
An alcohol ignition lock order may be for a period of six months to three years.
If the person chooses not to apply for an AIL licence when their disqualification period ends, they remain disqualified from driving until the end of the AIL period that the court has fixed.
If you require legal advice or representation in any legal matter, please contact Taylor Rose.
