Will I Lose My Licence?

If you are asking will I lose my licence, the answer depends on the type of drink driving offence you have been charged with, your blood alcohol concentration (BAC), whether you have any previous drink driving offences and the circumstances of your case. 

In Victoria, many drink driving offences carry mandatory licence disqualification periods, while others may involve immediate licence suspension by police before your matter even reaches court.

Losing your licence can have a significant impact on your employment, family responsibilities and daily life. While some disqualification periods are mandatory, every case is different, and it is important to understand what penalties apply to your particular offence before attending court.

At Wilkinson Lawyers, we regularly represent clients charged with drink driving offences throughout Ballarat, Melbourne and regional Victoria. We can explain the likely impact on your driver’s licence, advise you about your options and represent you in court.

Will Every Drink Driving Offence Result in Losing My Licence?

The consequences for your licence depend on several factors, including:

• your blood alcohol concentration (BAC);

• whether this is your first drink driving offence;

• whether you have previous relevant offences;

• the particular offence you have been charged with; and

• whether police have already suspended your licence.

For any drink driving offence 0.05%BAC or over, licence disqualification is mandatory under Victorian law. This means the court has no discretion to allow you to keep your licence, regardless of your personal circumstances.

Can Police Suspend My Licence Immediately?

Yes.

For certain drink driving offences, Victoria Police have the power to immediately suspend your driver’s licence at the roadside.

If your licence is immediately suspended, you cannot continue driving while you wait for your court date unless the suspension is lifted or otherwise expires.

Driving while your licence is suspended is a separate criminal offence that carries serious penalties.

What If This Is My First Drink Driving Offence?

Many people assume they will receive a warning if it is their first offence. That is not the case.

Even a first drink driving offence may result in:

• licence disqualification;

• a criminal finding;

• a fine;

• the requirement to complete a behaviour change program; and

• the installation of an alcohol interlock device before you can drive again.

The penalties depend on the offence and your reading, not simply whether it is your first time before the court.

How Long Will I Lose My Licence For?

The length of any licence disqualification depends on:

• the offence you have been charged with;

• your BAC;

• whether you refused a breath or blood test;

• your previous driving history; and

• the applicable provisions of Victorian road safety legislation.

Some offences attract relatively short periods of disqualification, while others result in significantly longer periods, particularly where there are previous offences or very high alcohol readings.

An experienced drink driving lawyer can explain the mandatory minimum disqualification period that applies to your case.

Can the Court Let Me Keep My Licence?

For those pleading guilty to a drink driving offence, the court is required by law to impose a licence disqualification.

This means that even if losing your licence will:

• cost you your job;

• prevent you from caring for your children;

• affect your business; or

• create significant financial hardship,

the court has no legal power to allow you to continue driving.

While these personal circumstances may still be relevant when determining other aspects of your sentence, they cannot override mandatory disqualification periods.

Will I Need an Alcohol Interlock?

Yes. Drink driving offences require drivers to participate in Victoria’s alcohol interlock program before they can regain an unrestricted licence.

An alcohol interlock is a device fitted to your vehicle that requires you to provide a breath sample before the engine will start.

Depending on your offence, you will likely be required to complete the mandatory behaviour change program before your licence can be reinstated.

What Happens When My Disqualification Ends?

Losing your licence does not necessarily mean it will automatically be returned once the disqualification period expires.

Depending on the offence, you may also need to:

• complete the required disqualification period;

• complete the Behaviour Change Program;

• satisfy any medical or licensing requirements;

• install an alcohol interlock device if required; and

• apply to regain your driver’s licence through VicRoads.

The process varies depending on the offence and your driving history.

Can I Drive for Work During the Disqualification?

No.

Victoria does not provide “work licences” for drink driving offences.

If your licence has been suspended or disqualified, you cannot legally drive simply because you need to travel for work, operate a business or care for family members.

Driving while disqualified is a separate criminal offence and can result in much more serious consequences.

Why Early Legal Advice Matters

Many people charged with drink driving assume they will automatically lose their licence without understanding the penalties that apply to their particular offence. Others continue driving without realising their licence has already been suspended by police.

Obtaining legal advice early allows you to understand your legal position, prepare for court and avoid making mistakes that could result in further charges.

An experienced drink driving lawyer can explain the likely period of licence disqualification, whether an alcohol interlock will be required and what steps you will need to take before you can legally drive again.

Speak to a Drink Driving Lawyer

If you have been charged with drink driving and are wondering whether you will lose your licence, Wilkinson Lawyers can provide clear and practical legal advice.

We regularly represent clients charged with drink driving offences throughout Ballarat, Melbourne and regional Victoria. We can explain the penalties that apply to your offence, advise you about your options and represent you in court to achieve the best possible outcome.

If you are asking will I lose my licence, 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.