First Time Drink Driving Offence

For a first offence, the maximum penalty is a fine of up to $3,635, along with a mandatory loss of licence. The disqualification period is determined by your BAC reading and increases progressively from a minimum of 6 months at .05 – .069 through to a minimum of 24 months at .24 or above. A community correction order or adjourned undertaking may also be imposed. Whether a conviction is recorded will affect your criminal record for up to 10 years.

It depends on whether the Magistrate records a conviction. If a conviction is recorded, it will appear on your criminal record for 10 years and be visible to employers and others conducting a criminal record check. If the Magistrate imposes a sentence without conviction – which is more likely for lower readings and where there are significant mitigating circumstances – it will not appear on your record under Victoria’s spent convictions scheme, with limited exceptions for law enforcement searches.

Possible defences include that you were not the driver of the vehicle, that the breath test was taken more than three hours after you were driving, or that police failed to follow proper procedure in administering the test or laying the charge. Road safety legislation is complex, and if you are considering contesting a charge, it is strongly advisable to engage a lawyer to assess the evidence and advise on the strength of any available defence.

Yes. If you are unhappy with the sentence, or wish to contest a finding of guilt, you can appeal to the County Court within 28 days of sentencing. If that deadline is missed, you must seek leave from the Court and show exceptional circumstances. When filing the appeal, you can also apply to stay the licence cancellation order until the appeal is determined, though this remains at the Court’s discretion. Legal advice and representation prior to appealing is strongly recommended.

Once your disqualification period expires, you cannot automatically drive again. You must first complete a Drink Driver Behaviour Change Program – or, if your BAC was 0.15 or above, an Intensive Drink and Drug Driver Behaviour Change Program. After completing the relevant program, VicRoads can grant you a new licence, subject to an alcohol interlock on your vehicle for a minimum of six months and a zero BAC condition on your licence for at least three years.