Alcohol is a major factor in road deaths in Victoria. Each year about a quarter of drivers killed in road crashes has a blood alcohol concentration (BAC) of .05 or more.
This section explains what Victoria's drink driving laws are, the penalties and offences and what happens if you go to court.
Professional drivers such as truck, bus or taxi drivers; P-platers and learner drivers must have a zero blood alcohol concentration (BAC), while all other drivers must stay under .05 BAC.
Drink driving offences are not limited to public roads. They can be committed on private property.
Those caught driving with a BAC over the legal limit face heavy fines and loss of licence and, for the most serious offenders, possible imprisonment.
It’s also an offence to:
- Drive under the influence of drugs
- Refuse to provide a breath or blood sample or stop at a booze bus (or Random Breath Test station), or fail to co-operate in the conduct of a breath or blood test
- Be .05 BAC or over while accompanying a learner driver
In 2007-08, one penalty unit is $110.12.
| BAC |
Licence type |
Fine |
Licence action / points |
|
Less than .05 |
Zero BAC licence (professionals, P licence, L permit) |
2.4 penalty units
|
Cancellation of licence for up to six months, or 10 demerit points |
|
.05 to less than .07 |
Zero BAC licence (professionals, P licence, L permit and drivers under 26 years) |
3 penalty units
|
Cancellation of licence and disqualification for at least 6 months. |
|
.05 to less than .07 |
Full licence |
3 penalty units
|
Cancellation of licence and disqualification for at least 6 months; or 10 demerit points |
| 07 to less than .15 |
All drivers |
3 to 4.2 penalty units
|
Cancellation of licence and disqualification from six to 14 months |
|
.15 or above;
or for a second or subsequent offence |
All drivers |
Up to 25 penalty units
|
On-the-spot licence suspension, then attend Magistrates’ Court
(see notes below) |
Notes on offences and penalties:
Demerit points:
Because learner and probationary drivers have a limit of 5 demerit points within a 12 month period, a penalty of 10 demerit points will result in an automatic 4 month suspension, unless the driver takes the ‘double or nothing’ option and incurs no more demerit points within the next 12 months.
Choice to appear in court:
If the offender chooses to have their case heard in Court and the Court finds them guilty, the Court may cancel their licence for up to 6 months (for offences with a BAC under .05), or for at least 6 months (for offences where the BAC is at least .05 but less than .07).
Compulsory court appearance:
Where the case must be heard by the Magistrates’ Court, if found guilty, the offender’s licence or permit will be cancelled for 15 to 48 months (minimum), and financial penalties will apply. Those committing the most serious offences and repeat offenders face possible imprisonment. The penalties for repeat drink driving offenders have been substantially increased with the maximum penalty now 18 months in prison. All offenders in these categories may have an alcohol interlock licence condition imposed when they are re-licensed.
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There are few defences against drink driving, so you should obtain private legal advice if you intend to contest the charges.
If found guilty, you will be fined and your licence cancelled. You cannot drive again until you have a valid licence.
Depending on the offence and circumstances you may also have to:
- complete a driver education program.
- obtain a Licence Restoration Order from the Magistrates' Court before you can apply to VicRoads to get your licence back.
- have a Z licence condition – restricted to zero BAC for three years when you are relicensed.
- complete at least two assessments for alcohol problems.
- have an alcohol interlock condition on your licence when you are re-licensed. This means that you will only be allowed to drive a vehicle fitted with an interlock. The interlock requires you to provide a breath test every time you start your vehicle, and during the trip. If you don’t pass, the vehicle won’t start.
In Victoria an alcohol interlock is fitted to the car whose driver has been convicted of serious drink driving offences. An alcohol interlock prevents a car starting if the driver has been drinking. A drink driving offender enters the ten step alcohol interlock program near the end of their licence disqualification period.
It is safest not to drink alcohol at all if you are going to drive.
Do not drive if there is any doubt about your BAC. Make alternative arrangements: call a taxi, get a lift with someone who has not been drinking, or stay overnight. Plan how you will get home before you start drinking.
See: Alcohol and road safety
Suspension – you cannot drive for a specific period. Once the period has lapsed your licence or permit becomes valid again.
Cancellation – you cannot drive for a specific period. When completed, you must attend a VicRoads office and re-apply for your licence or permit.
The re-issue of a licence or permit cancelled for a drink driving offence is not automatic. The driver must usually complete a drink driver education course, and may be required to complete at least two assessments for alcohol problems. They may also have to attend the Magistrates' Court to argue the case for the re-issue of their licence or permit.
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