What penalties do first time drink drivers face in Victoria?

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.

Will a first time drink driving offence go on my criminal record?

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.

What defences are available for drink driving charges?

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.

Can I appeal a drink driving sentence?

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.

How do I get my licence back after a first time drink driving offence?

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.

Legal Expertise

First Time Drink Driving Offence

ABOUT

First Time Drink Driving Offence Lawyers

If you have been charged with a first time drink driving offence, the outcome you receive will depend significantly on your blood alcohol reading, your licence type, and how your matter is presented to the Court. While first-time offenders ordinarily face fines rather than imprisonment, a conviction will appear on your criminal record for 10 years and be visible to employers conducting background checks. A sentence without conviction is more achievable with the right representation.

At Slades & Parsons, our accredited lawyers specialise in first time drink driving offences. We can help you understand the penalties you are facing, present your matter in the best possible light, and advise you on whether to contest the charges or appeal an outcome.

Call us on (03) 9602 3000 – we are available to take your call 24 hours a day.

DRINK DRIVE ADVICE

Penalties and Sentences for First Time Offenders

For a first time drink driving offence in Victoria, the maximum penalty is a fine – currently up to $3,635 – along with a mandatory loss of licence. The disqualification period is determined by your blood alcohol content (BAC). A reading between .05 and .069 attracts a minimum 6 months disqualification for most licence holders, with 3 months available only for full licence holders aged 26 or over who accept an infringement notice. From .07 upwards, the mandatory minimum increases progressively – 6 months at .07, 10 months at .10, and one additional month for each .01 increment above that, up to a minimum of 24 months for a reading of .24 or above.

Beyond the mandatory licence loss, the Magistrate may also impose a community correction order of up to two years, an adjourned undertaking of up to five years, a discharge or dismissal, or choose to record or not record a conviction. Whether a conviction is recorded significantly affects your criminal record and long-term prospects.

Preliminary Brief, Obtaining Legal Advice and Representation

For drink driving offences, police will ordinarily serve you with a preliminary brief of evidence within 14 days. This contains a summary of the allegations, a copy of the charges, lists of witnesses and evidence the prosecution relies on, and a copy of your traffic history from VicRoads and, if relevant, your criminal record.

It is advisable to have legal representation in place prior to the first mention of your matter. If you have not yet engaged a lawyer, you can request an adjournment – this can often be arranged without attending court, provided it is organised well in advance. Failure to attend court may result in a warrant being issued. Note that Victoria Legal Aid provides assistance for drink driving charges only in very limited circumstances, as the vast majority of these charges do not carry imprisonment as an available penalty.

Possible Defences and Contesting the Charges

There are possible defences to drink driving charges. These include that you were not the driver of the vehicle, that the test was taken more than three hours after you were driving, or that police did not follow the proper procedure in administering the preliminary breath test or other tests, or in charging you.

Road safety law is complex and the legislation is difficult to navigate. If you are considering contesting a drink driving charge, it is strongly advised that you engage a lawyer to represent you.

If you plead guilty, the Court will ask you or your lawyer to enter that plea, ordinarily to one of the two charges police issue for drink driving matters, with the prosecutor then seeking to withdraw the other. Drink driving charges cannot be dealt with by way of diversion – meaning a dismissal on completion of a program is not available for these offences.

Appealing Your Drink Driving Charges

If you are unhappy with the sentence imposed, or wish to contest the charges after being found guilty, you can appeal to the County Court. In cases involving a question of law, or where you were sentenced by the Chief Magistrate, an appeal to the Supreme Court may also be available.

A notice of appeal must be filed within 28 days of sentencing. Missing this deadline requires you to seek leave from the County Court and demonstrate exceptional circumstances. When filing, you can apply to stay the operation of the licence cancellation order until the appeal is heard, though this is at the discretion of the court that made the order.

After your disqualification period expires, you cannot simply begin driving again. If your BAC was under 0.15, you must complete a Drink Driver Behaviour Change Program. At 0.15 or above, an Intensive Drink and Drug Driver Behaviour Change Program is required. Once complete, VicRoads can grant a licence, subject to an alcohol interlock for a minimum of six months and a zero BAC condition on your licence for at least three years.

DRINK DRIVE DEFENCE

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.