Alcohol drugs and driving

Drink driving penalties

Drivers in Victoria face harsh penalties if they are caught driving with alcohol in their system 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) providing a blood sample containing an illegal concentration of alcohol 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.

There are harsher penalties that apply for combined drink and drug driving offences, visit combined drink and drug driving penalties webpage for details.

What happens if I fail a roadside breath test?

If you are caught driving with a BAC over the legal limit you will:

face heavy fines
lose your licence
need to complete a compulsory behaviour change program
have to get an alcohol interlock installed
have to drive with a zero BAC requirement for at least 3 years, and
for the most serious offences, risk going to jail.

The penalties for drink driving differ depending on:

the type of offence you committed
when you committed the offence
your age at the time of the offence
the licence or permit you held
if it wasn't your first offence.

Penalities for failing a roadside breath test

Since 30 April 2018, if you fail a roadside breath test you may face penalties. There are different penalties depending on whether it is your first offence or if you’ve been caught before.

The following two tables explain the different penalties when caught with a BAC over the legal limit in your system.

First offence and penalties

Second or subsequent offence and penalties

Complete a behaviour change program

The behaviour change program (BCP) is now a requirement for anyone who's committed either a drink, drug or combined drink and drug-driving offence or any other serious motor vehicle offence involving alcohol and/or drugs.

Licence cancellation/disqualification from driving

As well as being fined, you’ll also have your licence cancelled or be disqualified from driving for at least three months, but in most cases, it will be six months or more.

This can be for longer periods if, for example, you had a high BAC or it was a repeat offence. You can be cancelled/disqualified for up to five years, at the discretion of the Magistrates’ Court.

What else can happen?

Immediate licence 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.

First time offenders may have their vehicle immediately impounded or immobilised by police for 30 days for BAC readings of .10 or more.

Repeat offenders may have their vehicle immediately impounded or immobilised by police for 30 days, plus additional time may be applied by the courts.

Alcohol interlocks

In Victoria, alcohol interlocks are fitted to vehicles of drivers who have been disqualified from driving due to a drink-driving offence.

Immediate disqualifications for non-Victorian driver licence and/or learner permit holders or unlicensed drivers

In certain circumstances, a person who:

holds a non-Victorian licence or permit or is unlicensed and
is charged with certain drink and/or drug-driving offences

may be immediately disqualified from obtaining a driver licence or learner permit in Victoria.

The disqualification will last until the charge is determined by a court.

Victorian licence holders caught drink-driving interstate

Since 31 January 2018, if you hold a Victorian licence and get caught drink-driving interstate, the same rules apply as if you’d been caught here.

This means that once DTP have been advised of the offence, your Victorian licence will be cancelled and you'll have conditions like driving with zero blood alcohol added to your licence.

You'll also need to have an alcohol interlock installed to any vehicle you drive.

For more information, contact driver relicensing services on 1300 723 790 or [email protected].