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Blood Alcohol Limit Victoria

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Alcohol is a huge, contributing factor to road deaths in Victoria. Each year, 17% of drivers killed in road crashes have a Blood Alcohol Concentration (BAC) of .05 or above.

There are a number of factors that can influence someone’s blood alcohol levels, including:

  • The amount and type of alcohol consumed
  • The rate of drinking and the time since the last drink
  • The amount of alcohol that remains in the stomach
  • Other foods or liquids in the stomach
  • The amount of alcohol already metabolised by the liver
  • The general health and competence of the liver
  • The person’s metabolic rate
  • Physical factors, including gender, body size and lean tissue-to-body fat ratio
  • The volume of water in the tissues of the body. This can be affected by medication, illness, and the menstrual cycle.

Blood Alcohol Concentration (BAC) Level In Victoria

The legal BAC limit for fully licensed drivers is the same across all states and territories in Australia. This means the Blood Alcohol limit in Vic is 0.05.

However, your BAC limit needs to be zero if you are:

  • A learner 
  • On your P1 or P2 license 
  • A restricted motorcycle rider (shown as an ‘E’ condition)
  • A driving instructor 
  • A driver of a commercial passenger vehicle – something like a bus 
  • A truck driver and drive a truck greater than 4.5 tonnes GVM 

You also need to be zero if you have relicensed after a drink or drug driving cancellation.

If you are found guilty of a drink driving offence in VIC, you are likely to receive one of the following penalties: 

  • Loss of license 
  • Fine/s
  • Imprisonment 

Every year, more than 12,000 Victorians lose their licence because of drink driving offences.

What happens if I am caught above the BAC level in Victoria?

If you are caught driving above the legal blood alcohol limit in VIC, your punishment is likely to differ based on:

  • What type of licence you have (learners permit, probationary licence or full licence)
  • If you are a repeat drink driving offender

Learners & Probationary drivers

If you are a probationary or learner driver who records a BAC of less than 0.05, your licence will be cancelled for three months. They will also be required to install an alcohol interlock for at least six months once they are relicensed. This device will ensure that the individual breath tests their alcohol levels before starting the car.

Fully Licensed drivers

A fully licensed driver who records a BAC of between 0.05 and 0.07 will be fined and incur 10 demerit points. If they record a BAC of 0.07 or more their licence will be cancelled. They will also be required to install an alcohol interlock for at least six months once they are relicensed.

Repeat offenders

Repeat drink driving will result in your licence being cancelled. You will also be required to install an alcohol interlock device.

For very serious offences, punishment may include community-based orders or imprisonment.

What happens to my motor vehicle if I am above the blood alcohol limit in Victoria?

Under Victorian drink-driving laws, you could have your vehicle impounded or immobilised for 30 days. This can happen if a drink-driving offender has a BAC of 0.10 or higher.

The courts may also impose a further period of impoundment or immobilisation. If you are a driver with an alcohol interlock licence and your car is not fitted with an interlock, you may have your car impounded for up to 12 months.

Drink Driving Lawyers In Melbourne

Understanding the blood alcohol limit in Victoria is crucial for both motorists and pedestrians alike. The legal BAC level in Victoria is 0.05. This ensures a safer road environment and reduces the risks associated with impaired driving.

Have you been charged with a drink driving offence? Our team of highly qualified lawyers are well versed in the field of drink driving charges. With over 35 years of experience defending criminal charges, our specialists can help you. Contact us today.

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