DUI in Tasmania — what it means and why you can't get a restricted licence

Q: What if I was charged with both DUI and exceeding 0.05?

If you were convicted of both, the DUI conviction bars a restricted licence regardless. If the DUI charge was withdrawn or you were only convicted of exceeding 0.05, the section 4 bar does not apply.

Q: Can I appeal a DUI conviction to get a restricted licence?

An appeal is a separate legal process with its own grounds and timeframes. A successful appeal that overturns the DUI conviction would remove the section 19(1A)(c) bar, but this is not something the restricted licence application itself can achieve. Seek legal advice.

Q: I was charged with drug-related DUI. Does this page apply?

Yes. Section 4 of the Road Safety (Alcohol and Drugs) Act 1970 covers impairment by alcohol or drugs. If the charge is under section 4, the same absolute bar applies regardless of the substance involved.

"DUI" is one of the most commonly searched terms by people who have lost their licence in Tasmania. But in Tasmanian law, DUI is a specific charge with serious consequences — and it is often confused with drink driving, which is a separate offence entirely. If you are trying to work out whether you can apply for a restricted licence, the distinction between these two charges is the single most important thing to understand.

The legal distinction: DUI vs drink driving

In Tasmania, there are two main alcohol-related driving offences under the Road Safety (Alcohol and Drugs) Act 1970. They sound similar, but they are legally distinct charges with very different consequences for restricted licence eligibility.

DUI (driving under the influence) is an offence under section 4 of the Road Safety (Alcohol and Drugs) Act 1970. It is based on impairment. The police observed that your driving or your behaviour was affected by alcohol or drugs. You do not need a specific blood alcohol reading to be charged with DUI — the charge is about how the substance affected you, not a number on a breath test.

Exceeding the prescribed concentration (drink driving) is an offence under section 6 of the same Act. It is based on your blood alcohol concentration (BAC) reading. If you blew over the legal limit — 0.05 for full licence holders, or 0.00 for learner and provisional licence holders — you can be charged under section 6. The charge does not depend on whether the police thought you were impaired. The reading alone is enough.

These are separate offences, charged under separate sections of the Act, and they carry different consequences when it comes to applying for a restricted licence.

Why a DUI conviction is an absolute bar to a restricted licence

Under section 19(1A)(c) of the Road Safety (Alcohol and Drugs) Act 1970, a person convicted of an offence under section 4 — DUI — cannot be granted a restricted licence. The legislation is explicit: no order can be made.

There are no exceptions. It does not matter how low your reading was, how strong your hardship case is, or how long ago the offence occurred (provided it is the offence that led to the current disqualification). If you were convicted of DUI under section 4, the court has no power to grant a restricted licence for that disqualification.

This is different from drink driving under section 6, where a restricted licence may still be available depending on your BAC level, licence type, and prior history.

"But my lawyer / the police / my mate called it DUI"

This is where most of the confusion comes from. In everyday conversation — and even in some interactions with police or lawyers — people use "DUI" as a catch-all term for any drink driving offence. You will hear people say "I got done for DUI" when they actually mean they were charged with exceeding 0.05.

What matters is not what people call it. What matters is the actual charge on your court paperwork. The legal distinction between section 4 (DUI) and section 6 (exceeding the prescribed concentration) determines whether the absolute bar applies.

If your charge is under section 6, it is not DUI in the legal sense — and you may still be eligible for a restricted licence. Many people assume they are ineligible because they have been told they got a "DUI" when in fact they were charged with a section 6 offence.

How to check your actual charge

The easiest way to find out which offence you were charged with is to look at your court paperwork. This could be:

Your charge sheet or complaint (the document the police gave you or filed with the court)
Your court summons

Look for the section number. The relevant distinction is:

Section 4 — driving under the influence (DUI). This is the absolute bar.
Section 6 — exceeding the prescribed concentration of alcohol (drink driving). A restricted licence may be available.

If your paperwork refers to section 4, or describes the offence as "driving under the influence" or "DUI", you are dealing with the absolute bar under section 19(1A)(c). If it refers to section 6, or describes the offence as "exceeding the prescribed concentration", you are in different territory.

If you are not sure which section applies, a lawyer can check and confirm your charge.

If your charge is exceeding 0.05 (not DUI)

If your offence is under section 6 — exceeding the prescribed concentration — you are not automatically barred from a restricted licence. Whether you are eligible depends on several factors:

Your BAC reading at the time of the offence
Whether you held a full, provisional, or learner licence
Whether you have prior drink or drug driving convictions in the preceding five years
Whether you were authorised to drive the vehicle you were driving

The eligibility criteria for drink driving offences are detailed and depend on your specific circumstances. Read our full guide on drink driving and restricted licence eligibility for the complete breakdown, or use the eligibility checker to find out where you stand in a few minutes.

Frequently asked questions

What if I was charged with both DUI and exceeding 0.05?

If you were convicted of both offences, the DUI conviction bars a restricted licence regardless of the outcome on the section 6 charge. The absolute bar under section 19(1A)(c) applies as long as there is a conviction for the section 4 offence.

However, if the DUI charge was withdrawn, dismissed, or you were found not guilty — and you were only convicted of exceeding the prescribed concentration under section 6 — then the section 4 bar does not apply. In that case, your eligibility would be assessed under the drink driving criteria for section 6 offences.

Can I appeal a DUI conviction to get a restricted licence?

An appeal against conviction is a separate legal process with its own grounds, timeframes, and requirements. It is not part of the restricted licence application.

If an appeal were successful and the DUI conviction were overturned, the section 19(1A)(c) bar would no longer apply. But a restricted licence application cannot itself overturn a conviction — these are two different legal proceedings.

If you believe your DUI conviction may have grounds for appeal, you should seek legal advice promptly. Appeal timeframes are strict.

I was charged with drug-related DUI. Does this page apply?

Yes. Section 4 of the Road Safety (Alcohol and Drugs) Act 1970 covers driving under the influence of alcohol or a drug. If your charge is under section 4, the absolute bar under section 19(1A)(c) applies regardless of whether the substance involved was alcohol, drugs, or a combination of both.

For drug driving offences that are not charged under section 4 — such as driving with a prescribed illicit drug present under section 6A — different rules apply. See our guide on drug driving and restricted licence eligibility for more information.