The Transport Accident Commission states that about 1 in 5 road users killed in Victoria every year carried a blood alcohol concentration (BAC) above the prescribed limit of 0.05.
With the strong correlation between alcohol usage and poor judgment, it’s no wonder that Victoria, like many other states, imposes severe sanctions for intoxicated driving.
In this article our experienced drink driving lawyers will shed some light on the penalties for drink driving in Melbourne and Victoria and how to get the best outcome for yourself legally if you’ve been caught driving over the limit.
Types of Penalties
If you have been found guilty of drink driving, one or more of the below penalties might be set.
Cancellation of Your Licence
In most instances, the magistrate will cancel your licence and prevent you from driving for a fixed period. The sanction will vary according to your charge and when the incident occurred.
The law is cracking down on perpetrators. All drivers found drunk driving after 29 April 2018 must have cancelled any licence or permit they hold.
If your blood alcohol concentration (BAC) is over the legal limit, the penalty is calculated on the extent of your BAC.
The magistrate has the authority to prolong the disqualification duration, but they are not allowed to reduce it. If this is your second infringement within ten years, the minimum disqualification time is doubled.
Under no circumstances are you to drive during the disqualification period. No special licences exist that give you the right to drive while your licence has been revoked.
Behaviour Change Programs
All drivers guilty of this offence must undergo a behaviour change program before applying for another licence.
These programs vary depending on the extent of the BAC and whether you had been caught previously for drink or drug driving.
If required, VicRoads will send you a letter informing you about which program you must complete.
Fines
Typically, the magistrate can impose a fine of up to 20 penalty units if it’s your first offence.
Fine amounts, minimum disqualification periods and interlock rules are updated regularly, so getting current advice on the figures that apply to you matters.
Confiscating Your Vehicle
Your vehicle may be impounded if your BAC is at 0.10 or higher.
Other Penalties
Court proceedings may appear on your criminal record as a driving conviction. Generally, this will be listed in your VicRoads driving record, but there is a possibility that it will also be listed in your criminal record.
How To Get Relicensed
From 1 December 2019 onwards, most people found guilty of this offence must go to VicRoads to apply for their licence to be reinstated after completing the minimum duration of licence cancellation.
All people who have been disqualified from driving on a serious driving charge, such as dangerous driving that led to death or dangerous driving when pursued by law enforcement, have to approach the court to be relicensed.
Relicensing is not automatic. It generally involves serving the full cancellation period, completing any required behaviour change program, and satisfying VicRoads that you are eligible to hold a licence again, sometimes with an alcohol interlock condition attached.
What Affects How Severe the Penalty Is
No two cases are treated the same. The outcome is shaped by your BAC reading (the higher it is, the more seriously the court treats it), the type of licence you hold (probationary and learner drivers are held to a stricter standard), whether it is your first or a repeat offence, and whether anyone was hurt. A collision or injury makes the matter far more serious.
If this is your first brush with the law, our guide to a first time drink driving offence in Victoria explains what to expect in more detail.
How Alcohol Interlocks Work
An alcohol interlock is a breath testing device fitted to your vehicle. The engine will not start unless you provide a breath sample free of alcohol, further samples are required at random intervals while driving, and the device records your results.
For many drivers, an interlock condition forms part of relicensing. You bear the costs of installation and servicing, and because interlock rules change over time, confirm the current requirements with a lawyer or VicRoads.
Will a Conviction Be Recorded?
Whether a conviction is formally recorded is a separate question from the penalty itself. A recorded conviction can show up on police checks, which may affect employment in certain industries, professional registrations and some visa or travel applications. In some cases the magistrate has discretion here, and well-prepared submissions about your character and circumstances can influence that decision.
How the Magistrate Approaches These Cases
The magistrate weighs the seriousness of the offence against your personal circumstances, considering your reading, driving history, cooperation with police, your plea, and any steps taken since the offence such as counselling or driver education. Some penalties are fixed by law and cannot be reduced, but within the available range the outcome can be shaped by how your case is presented.
How a Lawyer Can Help
Experienced drink driving lawyers in Melbourne can prepare your plea so the magistrate hears your side persuasively, gather character references and employment material that supports a more lenient outcome, review the police procedure including how the breath or blood test was conducted, and advise you honestly on the realistic range of outcomes so there are no surprises on the day.
Practical Steps Before Court
Organise character references early, consider enrolling in a driver education or counselling program, gather evidence of your work and family responsibilities, and get legal advice early, not the week before your hearing. To know what the day itself looks like, our article on appearing in court for your drink driving offence walks you through the hearing and how to present yourself.
Conclusion
Drink driving impairs your judgment and can have disastrous consequences. The penalties for this offence are severe and aim to deter people from engaging in this risky behaviour.
If you have been caught with a BAC over the legal limit, you can contact us so that we can advise you of your rights and how to proceed, given your circumstances.
Sources
Drink driving | Victoria Legal Aid
Alcohol and the law | Better Health Channel
