Facing a first drink-driving charge in Victoria can be overwhelming and confusing. From understanding your rights to navigating court procedures and penalties, it’s crucial to be informed and prepared. This guide outlines what to expect if you’re caught driving over the legal limit and the steps you can take next.
If you’ve been charged with drink or drug driving, don’t face it alone. Contact our experienced team of drink-driving lawyers in Melbourne for expert legal advice and representation. We’re here to protect your rights and help you achieve the best possible outcome. Call us today for a free consultation.
Is Drink-Driving a Criminal Offence in Victoria?
Yes. Driving with a blood-alcohol concentration (BAC) over the legal limit is a criminal offence in Victoria.
The legal limit is under 0.05 per cent unless you hold a zero-BAC licence, such as a learner permit, probationary licence (P-plates), or certain commercial driver accreditations.
If you have been charged with:
- driving while drunk, or
- driving under the influence of drugs or alcohol
you should speak to a lawyer as soon as possible—particularly if you have any prior drink or drug driving history.
Going to Court for Drink-Driving
If your matter is listed for court, it is important to prepare in advance. Whether you are legally guilty depends on the specific facts of your case.
You can review the police version of events in the “Details of the Charge” section of your charge sheet. This is the information the magistrate will rely on during the hearing.
Drink-Driving Penalties in Victoria
Police commonly file two charges for drink-driving matters:
- returning a blood or breath sample over the legal limit within three hours of driving, or
- driving or being in control of a vehicle with a BAC over the legal limit
If you plead guilty to one charge, the prosecution will usually withdraw the other.
The prosecution must prove that you were driving and that your BAC exceeded the legal limit. Breath-test results are generally admissible if proper procedures were followed. Challenging these results requires evidence that the device malfunctioned or was used incorrectly.
What Are Your Options in Court?
Plead Guilty
If you accept responsibility, you may plead guilty. The prosecutor will read the statement of alleged facts, and the magistrate will impose a sentence.
In many cases, a guilty plea can result in a reduced penalty.
Plead Not Guilty
If you dispute the charge or facts, you must notify the prosecution before your court date. A summary case conference will be arranged.
If the matter is not resolved, it will be adjourned for a contested hearing. Legal advice is strongly recommended before entering a not-guilty plea.
Possible Penalties if Found Guilty
Licence Cancellation
In most cases, the magistrate will cancel your licence and disqualify you from driving for a set period. The length depends on your BAC reading and whether you have previous convictions.
Since 29 April 2018, anyone found guilty of drink-driving will have their licence or permit cancelled.
During this period, driving is strictly prohibited. Continuing to drive after licence cancellation exposes you to separate and far more serious charges. If you are found driving while disqualified or without a valid licence, the consequences can escalate significantly, including higher fines and possible imprisonment. These outcomes are explained in more detail in the guide on penalties for driving without a licence in Victoria.
Behaviour Change Programs
Anyone convicted of drink-driving must complete a Behaviour Change Program before reapplying for a licence.
The type of program depends on your BAC level and whether you have prior drink or drug driving offences. VicRoads will notify you in writing of the program you are required to complete.
Fines
For a first offence, the magistrate may impose a fine of up to 20 penalty units.
Vehicle Impoundment or Immobilisation
If your BAC is 0.10 or higher, police may impound or immobilise your vehicle.
Criminal Record
A first drink-driving conviction usually appears on your VicRoads driving record and may also be recorded on your criminal history.
Alcohol Interlock Devices
An alcohol interlock is a breath-testing device installed in your vehicle. The car will not start if alcohol is detected.
Each use is recorded, including photographs, through the Alcohol Interlock Management System (AIMS), which VicRoads monitors.
Older Convictions
Before 1 December 2019, some drink-driving offences did not automatically require an interlock condition. Whether an interlock is now required may depend on the date and nature of the offence.
If VicRoads refuses to issue a licence without an interlock, you may be able to appeal the decision in the Magistrates’ Court.
Medical Exemptions
VicRoads may grant a medical exemption from an interlock if a qualified health professional confirms a medical condition that prevents its use.
Even with an exemption, you must maintain a zero BAC when driving.
Removing the Interlock
To have the interlock condition removed, you must:
- comply with all interlock requirements, and
- complete the minimum interlock period
VicRoads will review the interlock data before making a decision.
Getting Your Licence Back
Most drivers must apply to VicRoads—not the court—once the minimum licence cancellation period has ended.
However, if your licence was cancelled due to a serious offence such as dangerous driving causing death or evading police, the application must be made through the court.
Conclusion
A first-time drink-driving charge in Victoria is a serious legal matter with long-term consequences for your licence, finances, and record. Understanding the court process, your options, and the penalties involved is essential.
With the right legal advice and preparation, you may be able to minimise the impact and protect your future.
