Victoria’s drink driving laws are stringent, with penalties varying based on Blood Alcohol Concentration (BAC), license type, age, and other potential charges.
For a first offence, if BAC is below .15, penalties include a maximum fine of 20 penalty units ($3,951.80), which is usually issued as a traffic infringement notice, and license disqualification. Offenders with a BAC above .15 face court-imposed penalties, such as a maximum fine of 120 penalty units ($23,710.80), adjourned undertakings, or community corrections orders.
Additional consequences for all drink driving offenders can include immediate license suspension, vehicle impoundment, alcohol interlock devices, a zero BAC condition for at least three years upon relicensing, and mandatory attendance at a Drink Driver Behaviour Change Program.
The drink driving laws in Victoria are found at section 49 of the Road Safety Act 1986.
A first-time drink driving offence can lead to significant legal consequences, affecting your personal and professional life. This article provides an overview of the penalties involved for a first time drink driving offence in Victoria.
Drink Driving Infringement notice s89C
For first offenders, if your Blood Alcohol Concentration (BAC) is below 0.15, you may be served with an infringement notice that specifies both a fine and a license disqualification period.
Unless you receive an immediate cancellation, you will have a period of 28 days from the date of the offence to object to the notice and elect to attend court, failing which the suspension will take effect.
If your BAC is greater than 0.15, you will receive a summons and charge sheet and will be required to attend court.
If you intend on challenging an infringement notice, it is essential that you obtain proper legal advice, as your disqualification periods can increase significantly, should you decide to take the matter to court and then either plead or be found guilty.
For example, with infringements involving a BAC under 0.07, if the original notice specified a 3-month disqualification and you decide to plead guilty in the Magistrate’s Court, the mandatory minimum disqualification will increase to 6 months.
If you are considering challenging a drink-driving infringement, consult an experienced drink-driving lawyer first. While the advice may not be what you hope to hear, it could prevent you from facing an additional 3 months off the road.
Immediate Suspension s85
If you hold a full driver’s license and have a BAC of 0.10 or higher, or if you hold a learner or probationary license with a BAC of 0.07 or higher, a police officer can suspend your license or permit immediately. This suspension can be issued at any point within 12 months of receiving a breath or blood alcohol concentration certificate. The suspension will be in effect for the period specified on the infringement notice or until any court-imposed cancellation and disqualification takes effect. If the matter proceeds to court and results in disqualification, the time spent under the immediate suspension will be taken into account in determining the disqualification period.
Attending Court for a First Drink Driving Offence
If you receive a summons and charge sheet, you must attend court. If you plead not guilty to the charge, the matter will proceed to a contest and be determined by a Magistrate.
If you plead guilty or are found guilty, you will likely receive a fine and a license cancellation and disqualification.
Demerit Points
Demerit points operate independently from the courts and previously applied to drink driving offences, irrespective of the penalties imposed by a court.
License Reinstatement
Blood Alcohol Concentration (BAC)
A measure of the amount of alcohol in your blood, expressed as grams per 100 millilitres.
Disqualification Periods Based on BAC
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Less than .05: At least 3 months for probationary or learner’s permit holders, and those with a full licence with a zero BAC condition.
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Between .05 and less than .069: 3 months for those over 26 with no zero BAC requirement who accept a traffic infringement notice; at least 6 months for others.
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Between .07 and less than .10: At least 6 months
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Between .10 and less than .11: At least 10 months
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Between .11 and less than .12: At least 11 months
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Between .12 and less than .13: At least 12 months
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Between .13 and less than .14: At least 13 months
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Between .14 and less than .15: At least 14 months
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Between .15 and less than .16: At least 15 months
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Between .16 and less than .17 : At least 16 months
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Between .17 and less than .18: At least 17 months
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Between .18 and less than .19 :At least 18 months
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Between .19 and less than .20: At least 19 months
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Between .20 and less than .21: At least 20 months
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Between .21 and less than .22: At least 21 months
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Between .22 and less than .23: At least 22 months
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Between .23 and less than .24: At least 23 months
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.24 or more: At least 24 months
Criminal Record Implications
A first-time drink driving offence in Victoria may result in a conviction and a criminal record, depending on the circumstances. Whilst infringement notices do not attract convictions, they will be accessible on your traffic history for the purposes of sentencing for subsequent or further offending.
Likewise in respect of matters that proceed to court, findings without conviction will not appear on your record, but will be accessible on your traffic history for the purposes of sentencing for subsequent or further offending,
subject to your having fully complied with the payment of the fine or the conditions of the undertaking.
Should your matter proceed to court, it is important to attempt to try and obtain a non conviction outcome, as this is relevant under the recent spent conviction legislation and will ensure that the matters are immediately spent.
Vehicle Impounding
For certain relevant offences where your BAC is greater than 0.10, your vehicle may be impounded for a period of 30 days.
Reapplying for License after expiry of disqualification
Upon the expiry of the disqualification period, you can apply to Vicroads for a reinstatement of your drivers license.
Mandatory Behavioural Change Program
As part of the licence reinstatement process, you will be required to complete a Mandatory Behaviour Change Program. This program is designed to help drivers understand the risks associated with drink driving and prevent reoffending.
Mandatory Alcohol Interlock Devices
For all first-time offenders, the installation of an alcohol interlock device is mandatory once the disqualification period ends. This device prevents a vehicle from starting if it detects alcohol on the driver’s breath.
The duration for which the device must remain installed depends on the severity of the offence:
Minimum 6 months for a first offence;
Longer for higher BAC readings.
An offender will also be subject to a 0.00 BAC for 3 years following relicensing.
Seeking Legal Advice and Representation
If you face a drink driving charge, it is imperative to seek legal advice. An experienced lawyer can help you understand the charges, potential penalties, and available defences.
Possible Defences Against Drink Driving Charges
- Challenging the BAC Test: The accuracy of the breathalyser or blood test results can sometimes be contested.
- Questioning the Legality of the Stop: If law enforcement did not have reasonable grounds to stop your vehicle, this might form a defence.
- Mitigating Circumstances: Presenting evidence of extreme stress or unforeseen circumstances may reduce penalties, however minimum disqualification periods are mandatory.
Appeals Process for Drink Driving Offences
If convicted following a contest, you may have the right to appeal but you need to do so within 28 days from the date the Magistrate’s decision is made.
No Hardship or work license
There is no such thing as a hardship or ‘work only’ license in Victoria nor can you get any permit to drive under specific conditions.
What to do next?
Engage an experienced drink driving lawyer.
Facing a court appearance can be a daunting experience. The courtroom environment is formal and may feel overwhelming, with a magistrate and prosecutor discussing your case in open court. It’s crucial to have someone by your side to ensure your rights are protected.
If you’ve received an infringement notice, seek legal advice before deciding to contest it in court. While the advice might not always align with your expectations, it could save you from additional court appearances or extended penalties, such as longer periods off the road. Investing in professional advice is a smart decision that can save you time, stress, and potentially greater costs in the long run.
