Drink Driving

For fully licensed drivers, the legal blood alcohol concentration (BAC) limit is 0.05. For probationary and learner drivers, the limit is zero BAC. If your BAC is 0.15 or higher, police cannot issue a traffic infringement notice – you will be formally charged and required to attend the Magistrates’ Court. For readings below 0.15, an infringement notice may be issued, which you can object to within 28 days.

Penalties depend on your BAC reading, licence type, and prior history. All offenders face mandatory licence disqualification, with the minimum period increasing progressively with BAC. Courts may also impose fines, Community Corrections Orders, and imprisonment for the most serious or repeat offences. Additional requirements include completing a Behaviour Change Program, installing an alcohol interlock device, and driving under a zero BAC condition for at least three years after regaining your licence.

Yes. Police may issue a notice of immediate licence suspension if your BAC is 0.10 or more as a full licence holder, or 0.07 or more as a probationary or learner driver. This suspension can be issued within 12 months of the alleged offence or after charges are filed but before they are heard in court. You may appeal the suspension to the Magistrates’ Court, but only on the basis of exceptional circumstances.

Yes. You can appeal to the County Court within 28 days of sentencing, either against sentence alone or against both conviction and sentence. In some cases, an appeal to the Supreme Court is also available on a point of law or if you were sentenced by the Chief Magistrate. When filing, you may apply to suspend your licence cancellation pending the appeal, though this is at the court’s discretion. Missing the 28-day deadline requires leave from the County Court and proof of exceptional circumstances.

After your disqualification period expires, you cannot automatically drive again. You must first complete a Behaviour Change Program – or an Intensive Drink and Drug Driver Behaviour Change Program if your BAC was 0.15 or above. Once complete, VicRoads can grant you a licence, subject to an alcohol interlock on your vehicle and a zero BAC condition on your licence for a minimum of three years. It is important to contact VicRoads directly to confirm all requirements before driving.