By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.
Key points
- First offence over the limit: a maximum fine of 20 penalty units ($4,182) and no jail, whatever the reading. Jail becomes possible from a second offence: up to 6 months under 0.15, and up to 12 months at 0.15 or more.
- Your licence is always cancelled. The court must disqualify you for at least the minimum in the Road Safety Act and cannot go below it for any reason, including work or medical needs. For a first offence: 6 months from 0.05 to under 0.10, rising to 24 months at 0.24 or more.
- On-the-spot fines: police may issue an infringement notice instead of charging you only for a first offence under 0.15, for about $523 to $889. It becomes a conviction after 28 days unless you object in writing, and your licence is still cancelled.
- Getting your licence back needs an alcohol interlock for at least 6 months after a first offence, 12 months after a second offence under 0.15, and 4 years after a second offence at 0.15 or more or any third offence, plus a behaviour change program.
- There is no work licence in Victoria.
- Earlier offences: for fines and jail, any earlier drink-driving offence counts, however old. For the licence penalties, an offence 10 or more years earlier is ignored.
- For a lawyer, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with a Victorian lawyer for a fixed $295.
In Victoria, a first offence of driving over the 0.05 alcohol limit carries a maximum fine of 20 penalty units ($4,182 in 2026-27) and no jail, but the court must cancel the driver's licence for at least the minimum period in the Road Safety Act 1986, which it cannot reduce, and the driver can be relicensed only with an alcohol interlock.
Checked on 22 October 2026 against the Road Safety Act 1986 (authorised version 237, as at 30 September 2026), the Road Safety (General) and (Drivers) Regulations 2019, the Sentencing Act 1991, Victoria Legal Aid's pages on drink driving, and the Department of Justice and Community Safety (penalty unit $209.10 from 1 July 2026).
Fines and jail: the maximum penalties
| Offence | First offence | Second offence | Third or later |
|---|---|---|---|
| Over the limit: driving at or above it, or a breath or blood reading over it within 3 hours (section 49(2A)) | 20 penalty units ($4,182). No jail | Under 0.15: 60 penalty units ($12,546) or 6 months. At 0.15 or more: 120 penalty units ($25,092) or 12 months | Under 0.15: 120 penalty units ($25,092) or 12 months. At 0.15 or more: 180 penalty units ($37,638) or 18 months |
| Under the influence: unable to control the vehicle properly (section 49(2)) | 25 penalty units ($5,227.50) or 3 months | 120 penalty units ($25,092) or 12 months | 180 penalty units ($37,638) or 18 months |
| Refusing a roadside breath test, a breath analysis or a blood sample, or refusing to stop at a testing station (section 49(3)) | 12 penalty units ($2,509.20) | 120 penalty units ($25,092) or 12 months | 180 penalty units ($37,638) or 18 months |
| Alcohol and an illicit drug together (section 49(3AAB)) | 30 penalty units ($6,273) | Under 0.15: 90 penalty units ($18,819) or 6 months. At 0.15 or more: 180 penalty units ($37,638) or 12 months | Under 0.15: 180 penalty units ($37,638) or 12 months. At 0.15 or more: 270 penalty units ($56,457) or 18 months |
- These are maximums. No drink-driving offence carries a compulsory jail term.
- The limit is 0.05 grams of alcohol per 100 millilitres of blood (or 210 litres of breath), and a reading of exactly 0.05 is over it. Zero-limit drivers commit the offence at any reading: learners and P-platers; heavy vehicle, bus, taxi and rideshare drivers; paid driving instructors; new motorcycle licence holders for 3 years; drivers relicensed after a drink-driving disqualification for 3 years (or longer while an interlock applies); and drivers for 3 years after an interlock is removed.
- Drinking alcohol while driving is a separate offence: up to 10 penalty units ($2,091), or an on-the-spot fine of 2 penalty units.
Your licence: cancellation and the minimum disqualification
If you are found guilty of driving over the limit, the court must cancel your licence or permit and disqualify you from driving for as long as it thinks fit, but not less than the minimum in Schedule 1 of the Act (section 50).
| Reading | First offence: minimum | Second or later offence: minimum |
|---|---|---|
| Under 0.05 (zero-limit drivers) | 3 months | 12 months |
| 0.05 to under 0.07 | 6 months | 12 months |
| 0.07 to under 0.08 | 6 months | 14 months |
| 0.08 to under 0.09 | 6 months | 16 months |
| 0.09 to under 0.10 | 6 months | 18 months |
| 0.10 to under 0.11 | 10 months | 20 months |
| Each further 0.01, up to 0.23 to under 0.24 | One more month for each step, to 23 months | Two more months for each step, to 46 months |
| 0.24 or more | 24 months | 48 months |
- Driving under the influence or refusing a test: at least 2 years, or 4 years for a later offence (section 50(1B)). Alcohol and an illicit drug together: minimums of between 12 and 30 months for a first offence and between 24 and 60 months for a later one (Schedule 1AB).
- No reduction. Victoria Legal Aid says the court cannot reduce the minimum for any reason, including work or medical needs. Since 30 April 2018, cancellation is compulsory for every over-the-limit offence.
- Time already served under an immediate suspension is deducted from the disqualification (section 50(2)).
On-the-spot infringement notices
- Who can get one: only a driver over the limit at under 0.15, for a first offence (an offence 10 or more years earlier is ignored), and only if police decide to issue one. A reading of 0.15 or more always goes to court, as do refusals and driving under the influence.
- How much (2026-27): $522.75 under 0.05 (zero-limit drivers); $627.30 from 0.05 to under 0.10; about $889 from 0.10 to under 0.15.
- It becomes a conviction 28 days after the date of the notice unless you object in writing, which sends the matter to court (section 89A).
- Your licence is cancelled: for 3 months if you are 26 or older, are not a zero-limit driver, and read 0.05 to under 0.07; otherwise for the first-offence minimum in the table above (section 89C). So a driver in that group loses their licence for 3 months on the notice, but for at least 6 months if found guilty in court.
- A drink-driving infringement counts as a prior offence.
Immediate suspension and impoundment
- When charged: police may suspend your licence from when they give you notice if you hold a full licence and read 0.10 or more, are a learner or P-plater and read 0.07 or more, are charged with refusing a test, or face a second or later offence. The suspension lasts until the charge is decided or withdrawn (section 85).
- After a reading: police can also suspend on a certificate of the reading within 12 months of it, at the same readings or for any reading over the limit with a prior offence in the last 10 years (section 85B).
- Suspension is at the police's discretion. An appeal against it succeeds only in exceptional circumstances, and the time is credited against your disqualification.
- Your car: at 0.10 or more police may impound or immobilise the vehicle for 30 days. Repeat offences of this kind within 6 years can lead to court-ordered impoundment of 45 days to 3 months, then possible forfeiture.
Getting your licence back
- Apply to VicRoads for a new licence when the disqualification ends; since 1 December 2019, drink drivers apply to VicRoads rather than to a court (Victoria Legal Aid).
- Behaviour change program: you cannot get a new licence until you complete the program in VicRoads' notice. A second stage is needed before the interlock can be removed after a repeat offence, a reading of 0.15 or more, or a refusal.
- Alcohol interlock: at least 6 months after a first offence, 12 months after a second offence under 0.15, and 4 years after a second offence at 0.15 or more or any third offence. Read the alcohol interlock in Victoria for the conditions and how to get it removed.
- Zero alcohol: for 3 years after you are relicensed (or longer while the interlock applies), and for 3 years after the interlock is removed.
There is no work licence in Victoria
The Road Safety Act has no work, restricted or hardship licence. Victoria Legal Aid says that some other states have work licences, but Victoria does not. The court cannot shorten the minimum disqualification because you need to drive for work.
How earlier offences are counted
- Fines and jail: any earlier conviction or finding of guilt for a drink-driving offence counts, however old, including an offence in another state (section 48(2)).
- Licence penalties: an earlier offence recorded 10 or more years before is ignored for the minimum disqualification, immediate suspension and the interlock period (section 50AA).
- There is no five-year rule in these provisions.
A finding of guilt without a conviction
A court can find you guilty without recording a conviction, for example by discharging you on an undertaking (Sentencing Act 1991). Your licence is still cancelled, because the cancellation follows a finding of guilt; the finding counts as a prior offence; and an undertaking must include a behaviour change program condition. Victoria Legal Aid says a finding of guilt appears on your criminal record even without a conviction.
Driving while disqualified
Driving while disqualified carries up to 240 penalty units ($50,184) or 2 years' imprisonment (section 30), and the car can be impounded for 30 days. Victoria Legal Aid says most magistrates also extend the suspension.
What to do now
- Check what you were given: an infringement notice (with 28 days to object) or a charge with a court date.
- If you want to contest an infringement notice, object in writing within 28 days. Before you do, note that a court must impose at least the Schedule 1 minimum, which for a driver aged 26 or older reading 0.05 to under 0.07 is longer than the 3 months on the notice.
- Do not drive once your licence is suspended or cancelled.
- Plan for the behaviour change program and the interlock.
- Get advice: free from Victoria Legal Aid on 1300 792 387, or from a lawyer of your own on 1800 577 015 at any hour.
Free legal help in Victoria
- Victoria Legal Aid on 1300 792 387, 8am to 6pm Monday to Friday, for free legal information and help.
- A duty lawyer at the Magistrates' Court on the day. The service is free, but not everyone is eligible: Victoria Legal Aid's guidelines generally give a first or second drink-driving charge advice, not representation, and an income test applies. Ring Victoria Legal Aid before your court date if you can, and arrive when the court opens.
How Go To Court Lawyers can help
Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in Victoria is a fixed $295, by phone, video or in person. The lawyer can check whether the charge and the reading can be proved, advise whether to object to an infringement notice, and address the fine, any conviction and any period above the minimum; the minimum disqualification itself cannot be reduced. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation with a Victorian lawyer.
General information only, not legal advice. Updated 22 October 2026. Checked against the Road Safety Act 1986 (Vic), authorised version 237 (sections 3, 30, 48, 49, 50, 50AA, 52, 58C, 84C, 85 to 85T, 88 to 89C, and Schedules 1 and 1AB), the Road Safety (General) Regulations 2019 (Schedule 7), the Road Safety (Drivers) Regulations 2019, the Sentencing Act 1991, Victoria Legal Aid's "Drink driving" page (updated 23 February 2026) and the Department of Justice and Community Safety's penalty unit page, on 22 October 2026.
Frequently Asked Questions
What is the penalty for a first drink-driving offence in Victoria?
For driving over the limit, a maximum fine of 20 penalty units ($4,182 in 2026-27) and no jail, whatever the reading (Road Safety Act 1986, section 49(2A)). The court must also cancel your licence and disqualify you for at least the minimum in Schedule 1 of the Act: 6 months from 0.05 to under 0.10, then 10 months from 0.10, rising by a month for each 0.01, to 24 months at 0.24 or more. For a first offence under 0.15, police may instead issue an infringement notice of about $523 to $889.
How long will I lose my licence for drink driving in Victoria?
At least the minimum period in Schedule 1 of the Road Safety Act, which the court cannot reduce. For a first offence it is 6 months from 0.05 to under 0.10, rising to 24 months at 0.24 or more; for a second or later offence, 12 to 48 months. Refusing a test or driving under the influence means at least 2 years, or 4 years for a later offence. On an infringement notice, a driver aged 26 or older with a full licence who reads 0.05 to under 0.07 loses their licence for 3 months.
Can I get a work licence for drink driving in Victoria?
No. The Road Safety Act has no work, restricted or hardship licence, and Victoria Legal Aid confirms that Victoria does not have them, although some other states do. The court cannot shorten the minimum disqualification because you need to drive for work.
Do I need an alcohol interlock after drink driving in Victoria?
Yes, if your licence was cancelled for a drink-driving offence, at any reading and including on an infringement notice. VicRoads relicenses you only with an interlock condition: for at least 6 months after a first offence, 12 months after a second offence under 0.15, and 4 years after a second offence at 0.15 or more or any third offence.
Can a lawyer get my disqualification reduced in Victoria?
Not below the minimum. Since 30 April 2018 the court must cancel your licence for every over-the-limit offence, and it cannot set a disqualification shorter than the minimum in the Act, for any reason. A lawyer can check whether the charge and the reading can be proved, advise whether to object to an infringement notice, and address the fine, any conviction and any period above the minimum.
Will drink driving give me a criminal record in Victoria?
A court can find you guilty without recording a conviction, but your licence is still cancelled, the finding counts as a prior offence, and Victoria Legal Aid says a finding of guilt appears on your criminal record even without a conviction. An infringement notice you do not object to becomes a conviction 28 days after the date of the notice.
What happens if I drive while disqualified in Victoria?
It carries up to 240 penalty units ($50,184) or 2 years' imprisonment (section 30), and your car can be impounded for 30 days. Victoria Legal Aid says most magistrates also extend the suspension.
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