Alcohol is a major factor in road deaths in Victoria. Each year about a quarter of drivers killed in road crashes have a blood alcohol concentration (BAC) of .05 or more.
This section explains what Victoria's drink driving laws are, the penalties and offences of drink driving, and what happens if you go to court.
Truck, bus or taxi drivers (professional drivers), probationary and learner drivers, and people who have previously committed drink driving offences must have a zero blood alcohol concentration (BAC). 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 alcohol
- refuse to provide a breath or blood sample or to stop at a booze bus (or Random Breath Test station), or fail to cooperate when a breath or blood test is being conducted
- be .05 BAC or over while accompanying a learner driver.
Infringement notices are only issued for first offences. Traffic infringement notices are not issued for subsequent drink driving offences, or for drink driving offences with a BAC of .15 or above. Charges are laid for the offence and the matter is dealt with at court. For a first offence, the authorities can choose to issue you with an infringement notice or take you to court.
If the authorities choose to lay charges and take you to court, or if you choose to go to court because you do not agree with the infringement notice and the court finds you guilty, more serious penalties may apply.
In 2011 - 2012, one penalty unit is $122.14. Refer to the Office of the Chief Parliamentary Counsel for the yearly value of penalty units.
The penalties for drink driving traffic infringement notices are set out below:
| BAC |
Licence type
|
Fine |
Licence action / points |
| Less than .05 |
Zero BAC licence (e.g. professional drivers, P licence, L permit) |
2.5 penalty units
|
10 demerit points |
| .05 to less than .07 |
Zero BAC licence (e.g. professional drivers, P licence, L permit) and full licence (under 26 years)
|
3 penalty units |
Cancellation of licence/permit and disqualification for 6 months |
| .05 to less than .07 |
Full licence (26 years or older) |
3 penalty units |
10 demerit points |
|
.07 to less than .15 |
All drivers |
3 to 4.25 penalty units |
Cancellation of licence/permit and disqualification for 6-14 months depending on BAC |
.15 or above;
or for a subsequent offence |
All drivers |
Traffic infringement notices are not issued for BAC of .15 or above, or for subsequent offences. Charges are laid for the offence and the matter is dealt with at court.
|
Attend Magistrates’ Court
(see notes below) |
Demerit points and novice drivers:Learner and probationary drivers have a demerit point threshold of five demerit points within a 12 month period (in addition to the standard 12 point threshold within a three year period). This means that an offence attracting 10 demerit points will result in an automatic four month licence suspension, unless the driver takes the ‘double or nothing’ option and incurs no more demerit points within the next 12 months.
On the spot suspension:
Authorities have the power to immediately suspend your licence or learner permit in certain situations. Examples include learner or probationary drivers with a BAC of .07 or more, full licence holders with a BAC of .10 or more, and repeat offenders. The length of suspension depends on the circumstances - for example, it could last until the charges have been decided at court.
Choice to appear in court:
If you choose to have your case heard in court (or if the matter is dealt with by charges instead of an infringement notice) and the court finds you guilty, the court may fine you and cancel your licence or learner permit for up to six months (for offences with a BAC under .05), or for at least six months (for offences where the BAC is at least .05 but less than .07). For a BAC of .07 or more (.05 or more for subsequent offences) the court must cancel your licence or learner permit for at least six months (first offence)/14 months (subsequent offences).
Compulsory court appearance:
For offences with a BAC of .15 or more, where the case must be heard by the Magistrates’ Court, if found guilty, your licence or learner permit will be cancelled for at least 15 to 48 months, and higher 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. Offenders in these categories may have an alcohol interlock licence condition imposed when they are relicensed.
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 or learner permit will probably be cancelled. The court can also decide to record a conviction. You cannot drive again until you have a valid licence or learner permit.
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 or learner permit back
- have a Z licence condition imposed when you are relicensed – this restricts you to zero BAC for three years (or longer if you have an alcohol interlock).
- complete at least two assessments for alcohol problems
- have an alcohol interlock condition imposed when you are relicensed. This means that you will only be allowed to drive a vehicle fitted with an interlock.
In Victoria, an alcohol interlock is fitted to the car of drivers who have been convicted of serious drink driving offences. An alcohol interlock prevents a car starting if the driver has been drinking. The interlock requires you to provide a breath test every time you start your vehicle, and during the trip. 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 & road safety. Suspension – you cannot drive for a specific period. Once the suspension period has finished your licence or permit becomes valid again.
Cancellation – you cannot drive for a specific period. When completed, you must attend a VicRoads Customer Service Centre and reapply for your licence or permit.
The reissue of a licence or permit cancelled for a drink driving offence is not automatic. You may need to complete a drink driving education course, and may be required to complete at least two assessments for alcohol problems. You may also have to attend the Magistrates' Court to argue the case for the reissue of your licence or permit.