The penalties for the offences described above are severe and are set out below. Many include mandatory licence disqualification periods.

For definitions of each of the mentioned offences, see Alcohol, Drugs and Driving.

Automatic loss of licence applies for the majority of drink driving offences. For further details see Immediate loss of licence.

Driving under the Influence (alcohol or drugs) : Road Traffic Act 1961 (SA) s 47

First Offence

A fine of not less than $1,100 and not more than $1,600, or imprisonment for not more than 3 months, and a mandatory licence disqualification for not less than 12 months; and 6 demerit points.

In the case of a first offence, where the Court is satisfied by evidence given on oath that the offence is trifling the court may order a lesser period of disqualification but for not less than one month [see s 47(3)(b)].

Subsequent Offence

A fine of not less than $1,900 and not more than $2,900, or imprisonment for not more than 6 months, and a mandatory licence disqualification for not less than 3 years; and 6 demerit points.

Driving under the Influence (alcohol or drugs) While Child Aged Under 16 Present in Vehicle: Road Traffic Act 1961 (SA) s 47(1a)

First Offence

A fine of not less than $1,100 and not more than $1,600, or imprisonment for not more than 3 months, and a mandatory licence disqualification for not less than 12 months; and 6 demerit points.

In the case of a first offence, where the Court is satisfied by evidence given on oath that the offence is trifling the court may order a lesser period of disqualification but for not less than one month [see s 47(3)(b)].

Subsequent Offence

A fine of not less than $1,900 and not more than $2,900, or imprisonment for not more than 6 months, and a mandatory licence disqualification for not less than 3 years; and 6 demerit points.

Prescribed Concentration of Alcohol: Road Traffic Act 1961 (SA) s 47B

First Offence

0.05-0.079: Expiation fee: $951 [see Road Traffic (Miscellaneous) Regulations 2014 (SA) Schedule 4 Part 2 as at 1 July 2024] and 4 demerit points OR $1,100 (court penalty), 4 demerit points and licence disqualification of not less than 3 months (unless expiated, in which case no disqualification period applies)

0.08-0.149: $900-$1,300; immediate licence disqualification of not less than 6 months; plus 5 demerit points

0.15 or over: $1,100-$1,600; automatic licence disqualification of not less than 12 months; plus 6 demerit points

Second Offence

0.05-0.079: $1,100; licence disqualification of not less than 6 months; plus 4 demerit points (if expiated, disqualification of 3 months applies)

0.08-0.149: $1,100-$1,600; automatic licence disqualification of not less than 12 months; plus 5 demerit points

0.15 or over: $1,600-$2,400; automatic licence disqualification of not less than 3 years; plus 6 demerit points

A person may be given a notice of disqualification for a second, third or subsequent category one offence regardless of whether or not they have already been convicted of, or expiated a previous offence at the time they committed the second, third or subsequent offence [Motor Vehicles Act 1959 (SA) s 81C(11)]. The Registrar of Motor Vehicles can also issue a disqualification notice if it turns out that a period of disqualification, or a longer period of disqualification, applies due to the offence actually being a second, third or subsequent offence [s 81C(4)].

A person may also be required to undergo a drug or alcohol dependency assessment before reapplying for their licence following disqualification if the offence is a third or subsequent offence (regardless of whether the person has already expiated, or been convicted of, the previous offences [see Drug and Alcohol Assessment; Motor Vehicles Act 1959 (SA) s 79B(1)(c)(iii) and (7a)]. See Drug and alcohol dependency assessment.

Third Offence or Subsequent Offence

0.05-0.079: $1,100; licence disqualification of not less than 9 months; plus 4 demerit points (if expiated, disqualification of 6 months applies)

0.08-0.149: $1,500-$2,200; automatic licence disqualification of not less than 2 years; plus 5 demerit points

0.15 or over: $1,900-$2,900; automatic licence disqualification of not less than 3 years; plus 6 demerit points

Prescribed Concentration of Alcohol While Child Aged Under 16 Present in Vehicle: Road Traffic Act 1961 (SA) s 47B(1a) - only applies to offences where the Blood Alcohol Content is 0.08 or above

First Offence

0.08-0.149: $900-$1,300; immediate licence disqualification of not less than 6 months; plus 5 demerit points

0.15 or over: $1,100-$1,600; automatic licence disqualification of not less than 12 months; plus 6 demerit points

Second Offence

0.08-0.149: $1,100-$1,600; automatic licence disqualification of not less than 12 months; plus 5 demerit points

0.15 or over: $1,600-$2,400; automatic licence disqualification of not less than 3 years; plus 6 demerit points

Third Offence

0.08-0.149: $1,500-$2,200; automatic licence disqualification of not less than 2 years; plus 5 demerit points

0.15 or over: $1,900-$2,900; automatic licence disqualification of not less than 3 years; plus 6 demerit points

Subsequent Offence

0.08-0.149: $1,500-$2,200; automatic licence disqualification of not less than 2 years; plus 5 demerit points

0.15 or over: $1,900-$2,900; automatic licence disqualification of not less than 3 years; plus 6 demerit points

Driving with Prescribed Drug: Road Traffic Act 1961 (SA) s 47BA

First Offence

If expiated: $786 [see Road Traffic (Miscellaneous) Regulations 2014 (SA) Schedule 4 Part 2 as at 1 July 2022],4 demerit points and licence disqualification of 3 months [see Motor Vehicles Act 1959 (SA) s 81D(2)(c)]; OR

Court penalty: $900-$1,300; 4 demerit points; licence disqualification of not less than 6 months

Second Offence

$1,100-$1,600 and 4 demerit points; licence disqualification of not less than 12 months

Third Offence

$1,500-$2,200 and 4 demerit points; licence disqualification of not less than 2 years

Subsequent Offence

$1,500-$2,200 and 4 demerit points; licence disqualification of not less than 3 years

If an instant loss of licence notice has been served under section 47IAA of the Road Traffic Act 1961 (SA) then the second offence disqualification period is 9 months, third offence disqualification period is 1 year and 9 months, and subsequent offence disqualification period is 2 year and 9 months [Motor Vehicles Act 1959 (SA) s 81D(2)(b)].

Driving With Prescribed Drug While Child Aged under 16 Present in Vehicle: Road Traffic Act 1961 (SA) s 47BA(1a)

First Offence

If expiated: $786 [see Road Traffic (Miscellaneous) Regulations 2014 (SA) Schedule 4 Part 2 as at 1 July 2022],4 demerit points and licence disqualification of 3 months [see Motor Vehicles Act 1959 (SA) s 81D(2)(a)(c)]; OR

Court penalty: $900-$1,300; 4 demerit points; licence disqualification of not less than 6 months

Second Offence

$1,100-$1,600 and 4 demerit points; licence disqualification of not less than 12 months

Third Offence

$1,500-$2,200 and 4 demerit points; licence disqualification of not less than 2 years

Subsequent Offence

$1,500-$2,200 and 4 demerit points; licence disqualification of not less than 3 years

If an instant loss of licence notice has been served under section 47IAA of the Road Traffic Act 1961 (SA) then the second offence disqualification period is 9 months, third offence disqualification period is 1 year and 9 months, and subsequent offence disqualification period is 2 year and 9 months [Motor Vehicles Act 1959 (SA) s 81D(2)(b)].

Refuse Breath Test: Road Traffic Act 1961 (SA) s 47E

First Offence

$1,100-$1,600; automatic licence disqualification of not less than 12 months; plus 6 demerit points

Subsequent Offence

$1,900-$2,900; automatic licence disqualification of not less than 3 years; plus 6 demerit points

Refuse Breath Test While Child Aged Under 16 Present in Vehicle: Road Traffic Act 1961 (SA) s 47E(3a)

First Offence

$1,100-$1,600; automatic licence disqualification of not less than 12 months; plus 6 demerit points

Subsequent Offence

$1,900-$2,900; automatic licence disqualification of not less than 3 years; plus 6 demerit points

Refuse Compulsory Blood Test: Road Traffic Act 1961 (SA) s 47I

First Offence

$1,100-$1,600; automatic licence disqualification of not less than 12 months; plus 6 demerit points

Subsequent Offence

$1,900-$2,900; automatic licence disqualification of not less than 3 years; plus 6 demerit points

Refuse Compulsory Blood Test While Child Aged Under 16 Present in Vehicle: Road Traffic Act 1961 (SA) s 47I(7)

First Offence

$1,100-$1,600; automatic licence disqualification of not less than 12 months; plus 6 demerit points

Subsequent Offence

$1,900-$2,900; automatic licence disqualification of not less than 3 years; plus 6 demerit points

Refuse Drug Test: Road Traffic Act 1961 (SA) s 47EAA

First Offence

$900-$1,300; licence disqualification of not less than 12 months; plus 6 demerit points

Subsequent Offence

$1,500-$2,200; licence disqualification of not less than 3 years; plus 6 demerit points

Refuse Drug Test While Child Aged Under 16 Present in Vehicle: Road Traffic Act 1961 (SA) s 47EAA(9a)

First Offence

$900-$1,300; licence disqualification of not less than 12 months; plus 6 demerit points

Subsequent Offence

$1,500-$2,200; licence disqualification of not less than 3 years; plus 6 demerit points