Charged With a Drink Driving Offence in Victoria? Read This First
A drink driving charge in Victoria is a serious matter. Beyond the potential fine, it carries mandatory licence suspension or cancellation, and — for many offences — a requirement to install an alcohol interlock device before you can drive again. Getting legal advice before your first court appearance gives you the best chance of the best outcome. This article is general information only and is not legal advice.
What is drink driving in Victoria?
In Victoria, drink driving offences are governed by the Road Safety Act 1986 (Vic) and include: driving with a blood alcohol concentration (BAC) at or above the legal limit (0.05 for most licence holders; 0.00 for learner drivers, P-platers and heavy vehicle drivers); driving under the influence of alcohol (DUI, a more serious charge based on impairment rather than just BAC); and refusing to provide a breath or blood sample.
The legal limits and penalty ranges vary depending on the offence, the BAC reading, and whether it is a first or subsequent offence. These are general indicators only — the actual penalty in your matter will depend on all the circumstances.
The general court process
Most drink driving matters are heard in the Magistrates' Court. The matter begins with a mention at which you indicate whether you will plead guilty or not guilty. If you plead guilty, the matter proceeds to a plea hearing — usually at the same mention or on an adjourned date.
The prosecution will read out the facts, including your BAC reading. Your lawyer will then make submissions in mitigation — your personal circumstances, any hardship caused by licence loss, your remorse, your history, and anything else relevant to the appropriate sentence. The magistrate then imposes a penalty.
Licence consequences
A drink driving conviction carries mandatory licence consequences. Depending on the charge and your BAC, these include: immediate licence suspension (which often starts at the roadside); cancellation of your licence on conviction; and a period during which you cannot apply for a new licence. The minimum disqualification periods vary depending on the offence and whether it is a first or repeat offence.
For many drink driving offences, re-licensing after the disqualification period requires participation in the Alcohol Interlock Program. This is general information only — your specific disqualification period and interlock obligations depend on your charge and circumstances.
The Alcohol Interlock Program
The Alcohol Interlock Program requires eligible offenders to have an alcohol interlock device fitted to their vehicle as a condition of re-licensing. The interlock prevents the vehicle from starting if the driver's breath sample detects alcohol above a set threshold. The program runs for a minimum period (which varies by offence) and requires regular monitoring.
Participation in the interlock program is not optional for most drink driving offenders — it is a mandatory pre-condition for re-licensing. The program is administered by VicRoads (now part of the Department of Transport and Planning). A lawyer can advise you on what to expect and how to prepare for the interlock requirements.
Why early advice matters
Getting legal advice before your first court appearance matters for several reasons. First, a lawyer can review the prosecution evidence and advise you on whether a plea of guilty is appropriate or whether there are grounds to contest the charge. Second, even on a guilty plea, a well-prepared submission in mitigation can make a genuine difference to the sentence — including the length of the disqualification period and whether any special conditions apply. Third, if you drive for work, a lawyer can address the hardship of licence loss in submissions and seek the minimum disqualification period applicable.
Freemont Family Lawyers appears regularly at Melbourne courts and can assist with all aspects of drink driving matters.
General information only. This article provides general information about the law in Victoria and does not constitute legal advice. Every situation is different — you should seek advice from a qualified Australian lawyer before making any decision based on this information. Liability limited by a scheme approved under Professional Standards Legislation.
Key takeaways
- Drink driving in Victoria covers offences from exceeding the BAC limit to refusing to provide a sample.
- The matter is heard at the Melbourne Magistrates' Court.
- All drink driving convictions carry mandatory licence consequences including suspension or cancellation.
- The Alcohol Interlock Program is mandatory for most drink driving offenders before re-licensing.
- Early legal advice can affect both whether you plead guilty and the sentence imposed.
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