Combined drink & drug-driving penalties

Drivers in Victoria face harsh penalties if they are caught driving with illicit drugs in their system and alcohol over the legal limit.

The penalties reflect the seriousness of these offences and the increased danger and risks posed by offending drivers on our roads.

You can be given a penalty for:

  • driving or being in charge of a vehicle with an illegal Blood or Breath Alcohol Concentration (BAC) and the presence of any illicit drug in your blood or oral fluid
  • providing a blood sample containing an illegal concentration of alcohol and any illicit drug within three hours of driving or being in charge of a motor vehicle or
  • refusing to cooperate with police.

You can be charged with combined drink and drug-driving whether the offence was detected at the roadside (through a saliva screening test) or later through a blood or urine sample.

What happens if I fail a roadside test?

If you fail a roadside drug test and/or a roadside breath test, you may face penalties.

What is saliva testing?

Saliva testing is used for roadside screening of illicit drugs. To give a saliva sample, you'll be asked to place the collecting device in your mouth or touch it with your tongue.

The sample is then tested for drugs. This takes about five minutes. If the screening test shows there are drugs in your system, you'll be required to have further tests. Your saliva sample will also be tested by a laboratory. If the laboratory results confirm that drugs were in your system you will be charged and face penalties.

On the spot suspension

The police have the power to immediately suspend your driver licence and/or learner permit if they charge you with certain drink and/or drug-driving offences. This suspension lasts until your charges have been decided in court.

Vehicle impoundment

The police also have the power to impound your vehicle for certain drink and/or drug-driving offences. More information about the offences that result in vehicle impoundment can be found here.


Offence description  Penalties

BAC less than .10 & drugs

You will go to court and will:

  • receive a fine of up to 30 penalty units 
  • have your licence or learner permit cancelled
  • be disqualified from driving for at least 12 months
  • need to complete an Intensive Drink and Drug Driver Behaviour Change Program
  • have an alcohol interlock for a minimum of six months imposed by VicRoads
  • have a zero BAC requirement for a minimum of three years.
     
BAC .10 to less than .15 & drugs  

You will go to court and will:

  • receive a fine of up to 30 penalty units
  • have your licence or learner permit cancelled
  • be disqualified from driving for at least 16-20 months
  • face 30 days of immediate vehicle impoundment, at police discretion
  • need to complete an Intensive Drink and Drug Driver Behaviour Change Program
  • have an alcohol interlock for a minimum of six months imposed by VicRoads
  • have a zero BAC requirement for a minimum of three years.
BAC of .15 or more & drugs 

You will go to court and will

  • receive a fine of up to 90 penalty units, or six months imprisonment
  • have your licence or learner permit cancelled
  • be disqualified from driving for a minimum of 21-30 months
  • face 30 days of immediate vehicle impoundment, at police discretion
  • need to complete an Intensive Drink and Drug Driver Behaviour Change Program
  • have an alcohol interlock for a minimum of six months imposed by VicRoads
  • have a zero BAC requirement for a minimum of three years.

Offence description Penalties

BAC less than .05 & drugs

You have a:

  • learner permit
  • P1 or P2 licence
  • full licence with a Z condition
    (or you’re otherwise subject to a zero BAC requirement).

You will go to court and will:

  • receive a fine of up to 90 penalty units, or six months imprisonment
  • have your licence or learner permit cancelled
  • be disqualified from driving for at least 24 months
  • face 30 days of immediate vehicle impoundment, at police discretion
  • need to complete an Intensive Drink and Drug Driver Behaviour Change Program
  • have an alcohol interlock for a minimum of 12 months imposed by VicRoads
  • have a zero BAC requirement for a minimum of three years.
BAC of .05 to less than .10 & drugs

You will need to go to court and will:

  • receive a fine of up to 90 penalty units, or six months imprisonment
  • have your licence or learner permit cancelled
  • be disqualified from driving for at least 24-30 months
  • face 30 days of immediate vehicle impoundment, at police discretion
  • need to complete an Intensive Drink and Drug Driver Behaviour Change Program
  • have an alcohol interlock for a minimum of 12 months imposed by VicRoads
  • have a zero BAC requirement for a minimum of three years.
BAC of .10 and less than .15 & drugs 

You will need to go to court and will:

  • receive a fine of up to 90 penalty units, or six months imprisonment
  • have your licence or learner permit cancelled
  • be disqualified from driving for at least 32-40 months
  • face 30 days of immediate vehicle impoundment, at police discretion
  • need to complete an Intensive Drink and Drug Driver Behaviour Change Program
  • have an alcohol interlock for a minimum of 12 months imposed by VicRoads
  • have a zero BAC requirement for a minimum of three years.
BAC of .15 or more & drugs

You will need to go to court and will:

  • receive a fine of up to 180 penalty units, or 12 months imprisonment
  • have your licence or learner permit cancelled
  • be disqualified from driving for at least 42-60 months
  • face 30 days of immediate vehicle impoundment, at police discretion
  • need to complete an Intensive Drink and Drug Driver Behaviour Change Program
  • have an alcohol interlock for a minimum of four years imposed by VicRoads
  • have a zero BAC requirement for the duration of the interlock.

Offence description Penalties

BAC of less than .05 & drugs

You have a:

  • learner permit
  • P1 or P2 licence
  • full licence with a Z condition (or you’re otherwise subject to a zero BAC requirement).

You will need to go to court and will:

  • receive a fine of up to 180 penalty units, or 12 months imprisonment
  • have your licence or learner permit cancelled
  • be disqualified from driving for at least 24 months
  • face 30 days of immediate vehicle impoundment, at police discretion. The Court might decide to extend this 30 days or take your vehicle permanently.
  • need to complete an Intensive Drink and Drug Driver Behaviour Change Program
  • need to use an alcohol interlock for a minimum of four years imposed by VicRoads
  • have a zero BAC requirement for the duration of the interlock.
BAC of .05 to less than .10 & drugs

You will need to go to court and will:

  • receive a fine of up to 180 penalty units, or 12 months imprisonment 
  • have your licence or learner permit cancelled 
  • be disqualified from driving for at least 24-30 months 
  • face 30 days of immediate vehicle impoundment, at police discretion. The court might decide to extend this 30 days or take your vehicle permanently.
  • need to complete an Intensive Drink and Drug Driver Behaviour Change Program
  • need to use an alcohol interlock for a minimum of four years
  • have a zero BAC requirement for the duration of the interlock.
BAC of .10 to less than .15 & drugs You will need to go to court and will:
  • receive a fine of up to 180 penalty units, or 12 months imprisonment 
  • have your licence or learner permit cancelled 
  • be disqualified from driving for at least 32-40 months 
  • face 30 days of immediate vehicle impoundment, at police discretion. The court might decide to extend this 30 days or take your vehicle permanently.
  • need to complete an Intensive Drink and Drug Driver Behaviour Change Program
  • need to use an alcohol interlock for a minimum of four years
  • have a zero BAC requirement for the duration of the interlock.
BAC of .15 or more & drugs

You will need to go to court and will:

  • receive a fine of up to 270 penalty units, or 18 months imprisonment
  • have your licence or learner permit cancelled 
  • be disqualified from driving for at least 42-60 months 
  • face 30 days of immediate vehicle impoundment, at police discretion. The court might decide to extend this 30 days or take your vehicle permanently.
  • need to complete an Intensive Drink and Drug Driver Behaviour Change Program
  • need to use an alcohol interlock for a minimum of four years
  • have a zero BAC requirement for the duration of the interlock.

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