Calculators
Drink Driving Penalty Calculator
Being charged with a driving offence is stressful. One of the first questions people ask us is: "What is going to happen to me?"
Our free penalty calculator is designed to give you a realistic picture of the penalties you may be facing based on your breath, blood or urine reading, and any relevant previous convictions.
How the Calculator Works
Simply enter the relevant details from your test result — whether that is a breath reading from the Intoxilyzer printout, or a blood or urine reading provided by the police — along with any previous drink or drug driving convictions within the past ten years.
The calculator uses the Magistrates' Court Sentencing Guidelines to estimate:
- The length of your driving ban (disqualification)
- The likely financial penalty (fine)
- Whether a community order or custodial sentence might be considered
- Whether you are eligible for the Drink Drive Rehabilitation Course (DDRC), which can reduce your ban by 25%
Understanding Your Reading
Breath test results are given in micrograms of alcohol per 100 millilitres of breath (µg/100ml). The legal limit is 35µg/100ml. The Intoxilyzer machine at the police station records two readings; the lower of the two is used by the prosecution.
Blood test results are measured in milligrams of alcohol per 100 millilitres of blood (mg/100ml). The legal limit is 80mg/100ml.
Urine test results are measured in milligrams of alcohol per 100 millilitres of urine (mg/100ml). The legal limit is 107mg/100ml.
Sentencing Bands — Breath Reading Guide
| Breath Reading (µg/100ml) | Likely Disqualification | Starting Point (Fine) |
|---|---|---|
| 36 – 59 | 12 – 16 months | Band B fine |
| 60 – 89 | 17 – 22 months | Band B fine |
| 90 – 119 | 23 – 28 months | Band C fine or community order |
| 120+ | 29 – 36 months | Community order or custody |
Note: These figures are indicative only and based on current Magistrates' Court Sentencing Guidelines. Aggravating factors (such as an accident, passengers, or a previous conviction) may increase the penalty. Mitigating factors may reduce it.
Previous Convictions Matter
If you have a previous drink driving, drug driving, or failing to provide conviction within the last ten years, the minimum disqualification increases to three years. This is mandatory and cannot be reduced by the court.
The Drink Drive Rehabilitation Course
If the court disqualifies you, you will usually be offered the opportunity to attend a Drink Drive Rehabilitation Course (DDRC). Completing an approved course reduces your ban by 25%. For example, a 12-month ban becomes a 9-month ban.
Attendance at the course does not affect your criminal conviction — it only reduces the length of your disqualification.
Your Reading Is Not the Whole Story
It is essential to understand that your reading is just one piece of the picture. Just because you were over the limit does not mean you are guilty of a drink driving offence.
At MAJ Law, we regularly win cases on technical points of law and procedure — including inaccuracies in the breath testing equipment, failures in the MGDD procedure, and prosecution disclosure failures. Many clients are surprised to learn they have a defence they were completely unaware of.
Use the calculator to understand what you may be facing — then call us for free advice to find out what we can do to help.
Get Free Legal Advice
Our initial advice is completely free and comes with no obligation. Call our team today or submit your details online and a specialist solicitor will be in touch to discuss your case.
