Drink Driving Penalties (Vic)
Drink Driving Penalties (Vic)
Victoria has very tough penalties for drink driving offences, including significant fines and periods of disqualification from driving. In serious cases, terms of imprisonment may also be imposed. This page outlines Victoria’s drink driving offence and the penalties that apply.
Legislation
Drink driving offences in Victoria are governed by the Road Safety Act 1986.
First offences
The penalties that apply to first-time drink driving offenders are dependent on the type of license held and the BAC recorded.
BAC below .05
If you were on a Learner’s Permit or a P1 or P2 license, or a full licence with a Z condition and were caught with alcohol in your system, you will receive a fine and a disqualification from driving for three months.
You will be required to complete a Drink Driver Behaviour Change Program before you start driving again and will be required to use an alcohol interlock for at least six months upon obtaining a licence.
You will also be subject to a zero BAC requirement for a minimum of three years.
BAC of .05 to .069
If you are found guilty of low-range drink driving, you will receive a fine of up to 20 penalty units and be disqualified from driving for a minimum of six months.
You will be required to complete a Drink Driver Behaviour Change Program before you start driving again and will subsequently be required to use an alcohol interlock for at least six months.
You will also be subject to a zero BAC requirement for a minimum of three years.
BAC between .07 and .10
If you are caught with a BAC of between .07 and .10, you will receive a fine of up to 20 penalty units and be disqualified from driving for at least six months.
You will be required to complete a Drink Driver Behaviour Change Program before you start driving again and will subsequently be required to use an alcohol interlock for at least six months.
You will also be subject to a zero BAC requirement for a minimum of three years.
BAC between .10 and .15
If you are caught with a BAC of between .10 and .15, you will receive a fine of up to 60 penalty units or a term of imprisonment of up to six months. You will be disqualified from driving for between 10 and 14 months.
You will be required to complete a Drink Driver Behaviour Change Program before you start driving again and will subsequently be required to use an alcohol interlock for at least six months.
You will also be subject to a zero BAC requirement for a minimum of three years.
BAC of over .15
If you are caught driving with a BAC of over .15, you will be fined up to 150 penalty units or sentenced to imprisonment for up to 12 months. You will be disqualified from driving for between 15 and 24 months.
You will be required to complete a Drink Driver Behaviour Change Program before you start driving again and will subsequently be required to use an alcohol interlock for at least six months.
You will also be subject to a zero BAC requirement for a minimum of three years.
Second or subsequent offences
Longer disqualification periods apply to the above offences if you have been caught drink driving in the past.
A person caught with a BAC of below .15 faces disqualification for between 12 and 28 months and must use an alcohol interlock device for 12 months. They must be subject to a zero BAC condition for three years.
A person caught with a BAC of over .15 will be disqualified for 30 – 48 months and must use an alcohol interlock device for a period to be determined by the court. They must be subject to a zero BAC condition for the period of the interlock condition.
Non-BAC drink driving offences
There are also other drink driving offences that also carry significant penalties and require you to attend court.
These include:
- driving under the influence
- refusing to provide a breath sample
- refusing to stop at a breath testing station
- negligently causing serious injury while using a motor vehicle where alcohol was a factor
- manslaughter involving the use of a motor vehicle where alcohol was a factor.
The penalties for these offences vary depending on the severity of the offence, but will include a fine or term of imprisonment, a licence disqualification determined by the magistrate, and the requirement to have an alcohol interlock installed at the end of the disqualification period.
Interstate offences
A person who has a Victorian licence and is caught drink driving in another state faces the same penalties as if the offence had occurred in Victoria.
Interstate authorities will also inform VicRoads of any offences committed by Victorian drivers, leading to cancelation of the Victorian licence.
Drink driver behaviour change program
Anyone who is disqualified from driving for drink driving or drug driving must complete a Drink Driver Behaviour Change Program before they can apply for another licence.
You will receive a letter from VicRoads with information about the course you need to enrol in.
Successful completion of the course will involve contributing to discussion, participating in activities, and completing a handbook and a questionnaire.
The course is offered by a number of providers approved by VicRoads in different locations across Victoria.
Alcohol interlock device
A person caught drink driving in Victoria will be also required to use an alcohol interlock device when they resume driving.
This is a device that stops a vehicle from starting if there is alcohol present in the driver’s breath.
The offender must bear the costs of installing, maintaining, and testing, the alcohol interlock device.
If you require legal advice or representation in a drink driving matter or in any other legal matter, please contact Go To Court Lawyers.
Fernanda Dahlstrom
Content Editor
Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.
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