Can you avoid losing your licence?
Sometimes. Whether you can keep driving in Victoria depends almost entirely on why your licence is at risk.
Licence suspension rules differ across Australia. This guide covers Victoria, under the Road Safety Act 1986 (Vic). Here is the short answer for the most common situations:
| Why your licence is at risk | Can you avoid losing it? |
|---|---|
| Too many demerit points | Often yes. You can choose a 12-month good behaviour period instead of a suspension (ss 36, 38). |
| Drink driving conviction | No. Cancellation and disqualification is mandatory once you are convicted or found guilty (s 50(1)). |
| Drug driving conviction | Usually no. Cancellation is mandatory, except for some legally prescribed medicinal cannabis cases (s 50(1E), (1F)). |
| Excessive speeding infringement | Only by successfully objecting to the infringement and being found not guilty of speeding, or by nominating the actual driver (s 89A(2)). |
| Immediate police suspension | Only if a magistrate finds exceptional circumstances on appeal (ss 85S, 85T). |
In every case, the most powerful option is to avoid a finding of guilt in the first place. That means checking whether the charge can be proven and whether a defence applies. The rest of this guide explains each situation in detail, including deadlines you must not miss.
Demerit points: you can usually keep driving
Demerit points are the one situation where Victorian law gives you a genuine choice. If you reach the limit, you can usually elect a 12-month good behaviour period instead of an immediate suspension.
When do you reach the limit?
VicRoads (the Secretary) must send you a demerit point option notice when you reach these thresholds (Road Safety Act s 36(1)):
| Licence type | Threshold |
|---|---|
| Full licence, or a learner or probationary driver who holds or has held a full licence | 12 or more points within any 3-year period |
| Learner or probationary driver who has never held a full licence | 5 or more points within any 12-month period, or 12 or more within any 3-year period |
The number of points for each offence is set by regulations. Common offences and their points include:
Careless driving – 3 points
Failing to give way – 3 points
Touch or use portable device – 4 points
Speeding under 10km/h over the limit – 1 point
Your two options
You have 21 days after the notice is served to decide (s 38(1)).
Option 1: Elect to extend the demerit point period. You keep driving for a 12-month extended demerit point period (s 3, definition of extended demerit point period). If you incur no further demerit points for offences committed in that 12 months, and your licence is not suspended or cancelled for a driving offence, the points recorded at the time of the notice are disregarded (s 39).
But if you incur even one more demerit point, or lose your licence for a driving offence during the 12 months, your licence is suspended for double the usual period (s 40):
- 6 months, plus
- 2 months for every 4 points over 12 (or over 5 for learner and probationary drivers who have never held a full licence).
The Act gives this example: a driver who received a notice at 17 points, elected the 12-month period, then incurred 3 more points, must be suspended for 8 months (s 40(2), example).
Option 2: Do nothing, or decline to elect. Your licence is suspended (s 41):
- 3 months, plus
- 1 month for every 4 points over 12 (or over 5 where the notice was issued for 5 or more points in 12 months).
After the suspension ends, the points recorded at the time of the notice are disregarded (s 41(5)).
Comparing the options
| Situation | Result |
|---|---|
| Elect, and no further points or driving suspensions for 12 months | Keep driving; old points disregarded (s 39) |
| Elect, then incur more points or a driving suspension | 6 months + 2 months per 4 points over the threshold (s 40) |
| Don't elect within 21 days | 3 months + 1 month per 4 points over the threshold (s 41) |
Electing is a calculated risk. It suits careful drivers who can go 12 months without a single further offence.
When the option is not available
If your licence is already cancelled or suspended under another provision, you are treated as not holding a licence for these purposes. You do not get the option, and VicRoads must suspend your licence under section 41A (s 36(1A) and note).
Can you appeal a demerit point suspension?
Only on narrow grounds. You can appeal to the Magistrates' Court, but only on the basis that points were recorded other than as the regulations require, or that the points were added up incorrectly (s 46H(3)(b)). Hardship is not a ground. If the suspension was required by law, the court must confirm it (s 46H(4)).
Drink and drug driving: losing your licence is mandatory
For drink driving, there is no option to keep your licence once you are convicted or found guilty. The court must cancel your licence and disqualify you for at least the minimum period (Road Safety Act s 50(1)). It cannot go below the minimum, even for hardship.
| Offence | Minimum disqualification (first offence) | Source |
|---|---|---|
| Exceeding the alcohol limit | 3 to 24 months, depending on BAC | s 50(1A); Schedule 1 |
| Drink-driving infringement notice, BAC 0.05 to under 0.07, aged 26+, not a zero-alcohol driver | 3 months | s 89C(2) |
| Refusing a breath test, or driving under the influence | 2 years | s 50(1B) |
| Drug in your system (THC, methamphetamine or MDMA) | 6 months | s 50(1E) |
There is one narrow exception for drug driving. If the drug was a legal medicinal cannabis product used under a prescription or other authority, the court is not required to cancel your licence. It may still choose to do so (s 50(1F)).
What you can do
Because the licence loss follows the conviction, your options are about the charge itself:
- Challenge the evidence. For breath analysis charges, it is a defence to prove the instrument was not working properly or not properly operated (s 49(4)). For blood tests, it is a defence to prove the result was not correct (s 49(5)).
- Object to an infringement notice within 28 days, so the matter goes to court instead of taking effect as a conviction (s 89A(2), (4)–(6)). This only helps if you have a real prospect of defending the charge.
- Argue for the minimum period. The court sets the disqualification at or above the Schedule 1 minimum, so a well-prepared plea can keep it at the minimum.
- Get credit for time already off the road. Any immediate suspension is deducted from the disqualification (s 50(2)).
For a full explanation of drink driving penalties, see our guide to what happens after a drink driving charge in Victoria.
Excessive speeding: automatic suspension after 28 days
In Victoria, speeding 25 km/h or more over the limit can cost you your licence on top of a fine. An excessive speed infringement is defined by reference to the offences in section 28(1)(a) of the Road Safety Act.
Suspension periods
If you receive an infringement notice for excessive speed and do nothing within 28 days, your licence is suspended and you are disqualified for the period in Schedule 5 (s 89D(1AA)(a) and (1AB)):
| Speed | Minimum suspension |
|---|---|
| 25 km/h or more over the limit, but less than 35 km/h over | 3 months |
| 35 km/h or more over the limit, but less than 45 km/h over | 6 months |
| 45 km/h or more over the limit | 12 months |
| Any speed of 130 km/h or more not covered above | 3 months |
Source: Road Safety Act Schedule 5.
The suspension starts when the 28 days end (s 89D(3)). It is in addition to, and does not count towards, any demerit point suspension (note to s 89D). If you pay the fine, you must surrender your physical licence card by the end of the 28 days (s 89D(7)).
Your options within 28 days
An excessive speed infringement notice takes effect as a conviction after 28 days unless you act (s 89A(2)). You can:
- Object to the notice in writing, so the matter goes to court (s 89A(2)(a), (4)–(6)).
- Nominate the actual driver, if you were not driving, by giving a statement under section 84BE (s 89A(2)(b)) which includes the name, address and other identifying details of the individual. This is normally on the ‘nomination form’ that comes with the infringement.
Paying the fine or ignoring the notice both lead to the suspension. Doing nothing is the one choice that guarantees you lose your licence.
Very high speeds: immediate suspension
If a speed detector records you at 45 km/h or more over the limit, or at 145 km/h or more in a 110 km/h zone, police can suspend your licence on the spot when they issue the infringement notice (s 85G). That suspension lasts up to 12 months, or up to 6 months for a speed from 145 to under 155 km/h in a 110 km/h zone (s 85H(2)–(3)). If you are charged instead of being given a notice, the suspension lasts until the charge is decided (ss 85F, 85H(1)).
Time spent under an immediate suspension is taken into account when the later suspension under section 89D is calculated (s 85H(4)).
Appealing an immediate licence suspension
If police suspend your licence on the spot, you can appeal to the Magistrates' Court (Road Safety Act s 85S(1)). But the bar is high, and the test depends on why you were suspended.
The tests
| Reason for the immediate suspension | What the court must be satisfied of | Source |
|---|---|---|
| Drink or drug driving (Part 6B, Division 1) | Exceptional circumstances exist that justify cancelling the suspension | s 85T(1)–(2) |
| Very high speed (Part 6B, Division 2) | Exceptional circumstances exist that justify cancelling the suspension | s 85T(1)–(2) |
| Certain offences resulting in injury or death, and other serious offences (Part 6B, Division 3) | You are not an unacceptable risk to road safety | s 85T(3)–(4) |
What counts as exceptional circumstances depends on the facts of your case. It requires something out of the ordinary and beyond the usual circumstances experienced by people.
Notice requirements
Before you start the appeal, you must give at least 14 days' written notice to both the Chief Commissioner of Police and a registrar of the Magistrates' Court (s 85S(2)). For drink, drug and speed suspensions, the notice must set out the exceptional circumstances you rely on. For Division 3 suspensions, it must set out why you are not an unacceptable risk to road safety (s 85S(3)).
If the court cancels the suspension, VicRoads must give effect to the order (s 85T(5)). If the appeal fails, the suspension continues.
Because the notice must be detailed and the test is strict, it is worth getting legal advice before you file.
Driving while suspended or disqualified
Once your licence is suspended or you are disqualified, do not drive. Driving on a highway while your authorisation is suspended, or during a period of disqualification, is a serious offence. The maximum penalty is 240 penalty units or 2 years' imprisonment (Road Safety Act s 30(1)).
That is far heavier than most of the offences that lead to a suspension in the first place. It can also lead to further time off the road.
Is there a work or restricted licence in Victoria?
Some Australian states offer a restricted or "work" licence that lets people keep driving for employment during a suspension. Victoria does not have a system of work licences. This is why the options described above, such as the demerit point election, objecting to an infringement and appealing an immediate suspension, matter so much.
Getting your licence back
When a suspension ends, your licence generally becomes valid again. After a disqualification for drug driving, most people need a licence eligibility order from the Magistrates' Court before they can apply for a new licence (note 1 to s 50; s 31A). For drink driving, an alcohol interlock condition will also apply (note 2 to s 50; s 50AAA). In all cases, you will need to contact VicRoads as there are also courses that you need to do. This should be done well ahead of the end of your disqualification period so that you have time to attend to all the requirements.
How a lawyer can help you keep your licence
Most licence outcomes in Victoria are decided within short time limits, often 14, 21 or 28 days. Getting advice early gives you the most options. A traffic lawyer can:
- advise whether to elect the 12-month demerit point period, based on your driving history and needs (s 38)
- check whether demerit points were recorded or added correctly, and appeal if they were not (s 46H)
- decide with you whether to object to a drink driving, drug driving or excessive speed infringement within 28 days (s 89A)
- prepare an appeal against an immediate suspension, including the 14-day notice and evidence of exceptional circumstances (ss 85S, 85T)
- defend the charge itself, which is the only way to avoid a mandatory cancellation for drink or drug driving
- argue for the shortest disqualification the law allows.
If your licence is at risk, contact Criminal Solicitors Melbourne for advice before the deadline passes. Call (03) 8644 7322 or book an appointment online.
Frequently asked questions
How many demerit points before you lose your licence in Victoria?
For full licence holders, the threshold is 12 or more points within any 3-year period. For learner and probationary drivers who have never held a full licence, it is 5 or more points within 12 months, or 12 or more within 3 years (s 36(1)). Reaching the threshold triggers a demerit point option notice, not an automatic suspension.
What happens if I ignore a demerit point option notice?
If you do not elect to extend the demerit point period within 21 days, your licence is suspended for 3 months plus 1 month for every 4 points over the threshold (ss 38(1), 41).
Can I keep my licence if I need it for work?
Hardship alone does not stop a mandatory cancellation for drink or drug driving, and it is not a ground for appealing a demerit point suspension (s 46H(3)(b)). For immediate suspensions, work-related hardship may form part of an argument for exceptional circumstances, depending on the facts (s 85T), but usually something more than this is required.
Can I avoid a speeding suspension by paying the fine?
No. Paying an excessive speed infringement still results in the suspension once the 28 days end (s 89D(1)–(3)). Your options are to object to the notice or, if you were not driving, nominate the driver (s 89A(2)).
How long is the suspension for speeding 30 km/h over the limit?
A speed of 25 km/h or more, but less than 35 km/h, over the limit carries a minimum suspension of 3 months (Schedule 5, item 1).
What if I drive while suspended?
It is an offence with a maximum penalty of 240 penalty units or 2 years' imprisonment (s 30(1)).
Important information
This article provides general information about Victorian law as at October 2026. It is not legal advice. Time limits apply to many of the options described here, so speak to a qualified lawyer about your situation as soon as possible.
Sources
- Road Safety Act 1986 (Vic), Authorised Version No. 236, incorporating amendments as at 15 April 2026: ss 30, 36, 38, 39, 40, 41, 41A, 46H, 49, 50, 85F, 85G, 85H, 85S, 85T, 89A, 89C, 89D, Schedule 1 and Schedule 5.
