Drink driving in Tasmania is normally a serious offence. It includes driving 'over the limit' or driving while intoxicated. Penalties can include imprisonment, fines, disqualification and community service.
Normally when people refer to drink driving, they are talking about driving over the legal alcohol limit. However, there are a range of other offences that are also drink driving offences. The Road Safety (Alcohol and Drugs) Act 1970 sets out the offences and penalties for drink driving. Some of the offences include:
Driving with a prescribed illicit drug present in your blood or oral fluid is an offence. It is also an offence to drive while under the influence of any drug.
As of 9 June 2023, the following are prescribed drugs - please note that this is not a complete list and may change from time to time:
Most penalties for these types of offences have mandatory minimum fines and disqualification. Magistrates can impose a penalty above the minimum depending on the circumstances of the case. If you have had a prior conviction for the same offence, generally the mandatory penalties double.
Penalties for drink driving increase depending on the reading and the circumstance of the offending. Cases involving crashes or injury are always serious and getting early legal advice and representation is important.
There are some rare circumstances where a court has the power not to disqualify someone who is guilty of a drink driving offence if there are special circumstances that apply. This is typically a difficult argument to make and legal representation and advice can increase your chances of success.
Not all drink driving cases require representation in court. A lawyer can advise you whether or not you need representation. Generally speaking, if you have a prior conviction for similar offences, your reading is higher than .1%, or there was an accident, representation is highly advised. Being represented can help reduce the stress of the court appearance, give you advice about what to expect and help you get the best outcome possible.
Many people who are disqualified from driving because of drink driving offences are eligible for restricted licenses. However, some offences and circumstances will make you ineligible. For that reason, it is important to get legal advice and representation to make sure you are eligible and to give your application the greatest chance of success.
For example, the following circumstances will mean you are not able to get a restricted license for drink driving offences:
Read more about restricted license applications here.
Please fill in the form below if you would like us to give you a call to discuss your situation.
You can expect a reply within one business day.
