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.

Driving under the influence of alcohol or drugs is really dangerous and it increases the risk to everyone on the road. That's why the penalties are so serious.

You can be given a penalty for:

  • Driving a vehicle when you're over the legal breath alcohol concentration (BAC) limit.
  • Having too much alcohol in your blood after driving (even if it's within three hours of driving)
  • Refusing to cooperate with police

There are more severe penalties if you’re driving with both alcohol and drugs in your system. This can happen whether the police find it with a saliva screening test or later with a blood or urine test.

What happens if I fail a roadside breath test

If you're caught driving over the legal alcohol limit, you will:

If your offence is serious, you could go to jail

The penalties for drink driving change depending on:

  • the type of offence you committed
  • when you did it
  • how old you were
  • what kind of licence or permit you have
  • if it wasn't your first offence. 

Penalties for failing a roadside breath test

Since 30 April 2018, if you fail a roadside breath test, you may face penalties. These penalties are different depending on if it's your first time, or if you've been caught before.

The two tables below show the different penalties for driving with a BAC over the legal limit in your system.

 


Behaviour Change Programs

If you're caught drink or drug driving, or with both, if you do something really serious with a vehicle involving alcohol or drugs, you'll have to complete a Behaviour Change Program (BCP)

Licence cancellation/disqualification from driving

Besides paying a fine, you'll also lose your licence or not be allowed to drive for at least three months. In most cases, it's six months or longer.

You can lose your licence for even longer if, for example, you recorded a really high alcohol level or you've been caught before. The Magistrates' Court can stop you from driving for up to five years.

What else can happen?

Immediate licence suspension

The police can take away your licence or learner permit immediately if they charge you with certain drink or drug driving offences. You won't get it back until your case is decided in court.

Vehicle impoundment

The police can also impound your vehicle away if you're caught for certain drink or drug driving offences.

If it's your first time, the police can impound your car immediately for 30 days if you have a BAC reading of 0.10 or higher.

If you've been caught before, the police can impound your car away for 30 days, and the court can add even more time.

Alcohol interlocks

In Victoria, drivers who lose their licence for drink driving have to get an alcohol interlock installed in their car.

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

You might not be allowed to get a Victorian licence or learner permit. if you’re charged with drink or drug driving in Victoria while driving with an interstate licence or learner permit (or have no licence at all).

This will last until your case is decided by a court. 

Victorian licence holders caught drink-driving interstate

If you get caught drink driving interstate, the same rules apply as if you were caught in Victoria.

This means your Victorian licence will be cancelled, and you'll have conditions like driving with no alcohol in your system. You'll also have to get an alcohol interlock in your vehicle.

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