How Long Will I Lose My Licence For?
The table below provides a practical summary of the mandatory minimum licence disqualification periods that commonly apply under Victorian drink driving laws. The exact penalty will depend on the offence you have been charged with and your individual circumstances.
| Offence | First Relevant Offence | Subsequent Relevant Offence | Immediate Suspension by Police | Alcohol Interlock |
|---|---|---|---|---|
| BAC 0.05 to under 0.10 | 6 months | 12 months | x | ✓ |
| BAC 0.10 to under 0.11 | 10 months | 20 months | ✓ | ✓ |
| BAC 0.11 to under 0.12 | 11 months | 22 months | ✓ | ✓ |
| BAC 0.12 to under 0.13 | 12 months | 24 months | ✓ | ✓ |
| BAC 0.13 to under 0.14 | 13 months | 26 months | ✓ | ✓ |
| BAC 0.14 to under 0.15 | 14 months | 28 months | ✓ | ✓ |
| BAC 0.15 to under 0.16 | 15 months | 30 months | ✓ | ✓ |
| BAC 0.16 to under 0.17 | 16 months | 32 months | ✓ | ✓ |
| BAC 0.17 to under 0.18 | 17 months | 34 months | ✓ | ✓ |
| BAC 0.18 to under 0.19 | 18 months | 36 months | ✓ | ✓ |
| BAC 0.19 to under 0.20 | 19 months | 38 months | ✓ | ✓ |
| BAC 0.20 to under 0.21 | 20 months | 40 months | ✓ | ✓ |
| BAC 0.21 to under 0.22 | 21 months | 42 months | ✓ | ✓ |
| BAC 0.22 to under 0.23 | 22 months | 44 months | ✓ | ✓ |
| BAC 0.23 to under 0.24 | 23 months | 46 months | ✓ | ✓ |
This table is a simplified guide only. The applicable penalty depends on the specific offence charged and the provisions of the Road Safety Act 1986 (Vic).
What Is a Relevant Offence?
The legislation refers to “relevant offences” when determining whether you are a first or subsequent offender.
Generally speaking, if you have previously been found guilty of certain drink driving, drug driving or related offences within the last 10 years, the court may be required to sentence you as a subsequent offender.
This usually results in significantly higher penalties, including longer periods of licence disqualification.
Can the Magistrate Reduce the Disqualification Period?
The answer is no.
The Road Safety Act imposes mandatory minimum periods of licence disqualification for many offences. This means the Magistrate cannot reduce the disqualification simply because losing your licence will cause hardship.
Unfortunately, the court cannot allow you to keep your licence because:
you need to drive for work;
you operate your own business;
you care for children;
you live in a rural area with limited public transport; or
losing your licence will cause financial hardship.
While these matters may be relevant to other aspects of sentencing, they cannot override the mandatory licence loss prescribed by law.
Can Police Suspend My Licence Before Court?
Yes.
Many drink driving offences result in an immediate licence suspension issued by Victoria Police at the roadside.
If your licence has been immediately suspended, you cannot continue driving while waiting for your court date.
Driving while suspended is a separate criminal offence and can lead to much more serious penalties.
Will I Need an Alcohol Interlock?
Yes, drink driving offences require participation in Victoria’s Alcohol Interlock Program.
Before you can regain an unrestricted driver’s licence, you will be required to:
complete the mandatory period of licence disqualification;
complete the Behaviour Change Program;
install an approved alcohol interlock device;
comply with the interlock conditions for the required period; and
satisfy any VicRoads relicensing requirements.
The interlock device requires you to provide an alcohol-free breath sample before your vehicle will start.
What Happens When My Disqualification Ends?
Many people assume they automatically get their licence back when the disqualification period expires.
That is not the case.
Depending on your offence, you may also need to:
complete the Behaviour Change Program;
satisfy VicRoads that you are eligible to be relicensed;
install an alcohol interlock;
pay any applicable fees; and
complete any other legal requirements before driving again.
Driving before your licence has been properly reinstated may amount to driving while disqualified or unlicensed.
Can I Get a Work Licence?
No.
Victoria does not have work licences for drink driving offences.
Even if losing your licence will affect your employment or business, you cannot obtain a restricted licence allowing you to drive solely for work purposes.
If you drive while disqualified, you may face further criminal charges and an even longer period off the road.
Does Pleading Guilty Change the Licence Loss?
No.
An early plea of guilty may reduce other aspects of your sentence, but it cannot reduce a mandatory licence disqualification imposed under Victorian law.
This is why obtaining legal advice before your court date is important. Understanding which penalties are mandatory and which remain within the court’s discretion allows you to properly prepare your case.
Why Early Legal Advice Matters
Many people charged with drink driving focus on the fine or whether they will receive a conviction. In reality, losing your driver’s licence is often the penalty that has the greatest impact on your daily life.
Understanding how long you will be disqualified, and what steps are required before you can drive again will help you plan ahead and avoid committing further offences.
An experienced drink driving lawyer can explain the penalties that apply to your charge, advise whether there are any issues with the prosecution case and ensure you are properly prepared before attending court.
Speak to a Drink Driving Lawyer
If you have been charged with drink driving and are wondering how long you will lose your licence for, Wilkinson Lawyers can help.
We regularly represent clients charged with drink driving offences throughout Ballarat, Melbourne and regional Victoria. We can explain the mandatory licence disqualification periods that apply to your offence, advise you about the likely outcome of your case and represent you in court.
If you have been charged with drink driving, contact Wilkinson Lawyers today to arrange a confidential consultation before your court date.
Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.
