Drink Driving Penalties and How to Regain Your Licence After a Disqualification

If you’re caught driving with a blood or breath alcohol concentration (BAC) above the legal limit in Victoria, you will lose your licence.

In most cases, you will be required to install an alcohol interlock device in your vehicle after your licence is reinstated and before you drive. For repeat offenders, imprisonment can also be a possibility.

Penalties for Drink Driving

The consequences for drink driving vary based on several factors:

• The nature of the offence
• The timing of the offence
• Your age at the time
• The type of licence or permit you held
• Whether it’s a repeat offence

Licence Cancellation and Disqualification

In addition to fines, your licence will be cancelled or you will be disqualified from driving for a minimum of three months, often extending to six months or more. In cases of high BAC or repeat offences, disqualification can last up to five years, as determined by the Magistrates’ Court.

The mandatory minimum penalties set out by the Road Safety Act are:

BAC READING First offence Subsequent offence less than ∙05 3 months 12 months ∙05 or more but less than ·07 6 months 12 months ·07 or more but less than ·08 6 months 14 months ·08 or more but less than ·09 6 months 16 months ·09 or more but less than ·10 6 months 18 months ·10 or more but less than ·11 10 months 20 months ·11 or more but less than ·12 11 months 22 months ·12 or more but less than ·13 12 months 24 months ·13 or more but less than ·14 13 months 26 months ·14 or more but less than ·15 14 months 28 months ·15 or more but less than ·16 15 months 30 months ·16 or more but less than ·17 16 months 32 months ·17 or more but less than ·18 17 months 34 months ·18 or more but less than ·19 18 months 36 months ·19 or more but less than ·20 19 months 38 months ·20 or more but less than ·21 20 months 40 months ·21 or more but less than ·22 21 months 42 months ·22 or more but less than ·23 22 months 44 months ·23 or more but less than ·24 23 months 46 months ·24 or more 24 months 48 months

Vehicle Impoundment

First-time offenders may have their vehicle impounded or immobilised by police for 30 days if their BAC is 0.10 or higher. Repeat offenders could face a similar 30-day impoundment, with potential for additional time as determined by the courts.

Behaviour Change Program

Participation in a Behaviour Change Program (BCP) is mandatory for anyone convicted of a drink, drug, or combined drink and drug driving offence. This program is also required for serious motor vehicle offences involving alcohol or drugs.

Licence Eligibility Orders

If your licence or permit has been cancelled or you are disqualified due to a drug-driving offence, a combined drink and drug-driving offence, or a serious motor vehicle offence, you will need a Licence Eligibility Order (LEO) from the Magistrates’ Court. The court will decide if an LEO will be issued, which is required before you can regain your licence.

Regaining Your Licence

After your disqualification period ends and you have met all relicensing requirements, including completing the BCP, visit a VicRoads customer service centre to have your licence permit reissued. Bring the following:

• Original BCP certificate of completion
• Proof of identity
• Licence and permit application form
• Funds to pay the reissue fee

Licence Conditions and Alcohol Interlocks

Once reissued, your licence will have two conditions:

• ‘I’ Condition: Indicates that an alcohol interlock must be fitted to any vehicle you drive.
• ‘Z’ Condition: Requires you to maintain a zero BAC while driving.

The “I” condition means that you are not permitted to drive any vehicle without an alcohol interlock fitted. This must be done by a VicRoads-approved interlock service agent. After installation, you will receive an alcohol interlock installation certificate. Below is a list of approved installers in Victoria:

• Draeger Australia
• Guardian Interlock Systems
• Smart Start

By participating in the Victorian Alcohol Interlock Program, you can monitor your progress online through the Alcohol Interlock Management System (AIMS). Depending on your offence, the interlock may be required for a minimum of six months, up to a maximum of four years.

VicRoads determines how long the interlock will remain on your licence. This depends on whether there are any “fails” on the interlock report.

You may also need to complete a two-hour pre-interlock removal BCP before you can have the interlock condition removed. If an intensive drink and drug driver BCP was required for your offence, you must complete the pre-interlock removal program before removing the interlock device from your vehicle.

Failure to install, service, or maintain the interlock, or unauthorized removal of the device, can lead to suspension or cancellation of your licence. VicRoads will notify you of any required actions before your licence is affected.