Test Result

Penalty

Notes

Fail an evidential breath test 251-400mcg of alcohol per litre of breath

$200 infringement fee + 50 demerit points.

No criminal conviction.

No option to elect an evidential blood test.

Fail an evidential breath test over 400mcg of alcohol per litre of breath

No change – you will face criminal charges.

Refuse or fail to complete an evidential breath test, or can’t complete it for genuine reasons (such as a medical condition)

You will be required to have an evidential blood test.

Show blood test result of 0-50mg of alcohol per 100ml of blood

No infringement or criminal charge.

You may be liable for costs associated with the blood test.

Show blood test result of 51-80mg of alcohol per 100ml of blood

Infringement fee of up to $700 + 50 demerit points

The total costs you must pay may vary depending on the circumstances leading to your blood test.

Show blood test result of more than 80mg of alcohol per 100ml of blood

No change – you will face criminal charges.

Fail or refuse to permit an evidential blood sample to be taken

If convicted for a first or second offence, you face a fine of up to $4,500, a licence disqualification of at least 6 months and a prison sentence of up to three months. Higher penalties apply for a third or subsequent offence.

Accumulate  100 or more demerit points from driving offences within 2 years

You will receive a 3 month driver licence suspension.