Drink Driving Penalties Victoria

The following table, found in Schedule 1 of the RSA (and also available on the Victorian Courts website), outlines the disqualification periods for exceeding the PCA on a first or subsequent drink driving penalties Victoria.

First Offence

Offence description Penalties
BAC zero to less than 0.05:

– learner permit

– probationary

You will:

– receive a fine

– have your licence or permit cancelled*

– be disqualified from driving for 3 months

– have an alcohol interlock for a minimum of 6 months, managed by VicRoads#.

BAC zero to less than 0.05:

– full licence holder subject to zero BAC requirement

You will receive:

– a fine

– 10 demerit points.

BAC 0.05 to less than 0.07:

– full licence holder 26 years old or older;

– are not subject to a zero BAC requirement

You will receive:

– a fine

– 10 demerit points.

BAC 0.05 to less than 0.07:

– learner or probationary

– full licence holder subject to zero BAC requirement

– full licence holder less than 26 years old

You will:

– receive a fine

– have your licence or permit cancelled*

– be disqualified from driving for 6 months

– have an alcohol interlock for a minimum of 6 months, managed by VicRoads#.

BAC 0.07 to less than 0.10:

– all drivers

You will:

– receive a fine

– have your licence or permit cancelled*

– be disqualified from driving for 6 months

– have an alcohol interlock for a minimum of 6 months, managed by VicRoads#.

BAC 0.10 to less than 0.15:

– all drivers

You will need to go to court and will:

– receive a fine

– have your licence or permit cancelled*

– be disqualified from driving for 10-14 months

– have an alcohol interlock for a minimum of 6 months.

BAC 0.15 or more:

– all drivers

You will need to go to court and will:

– receive a fine

– have your licence or permit cancelled*

– be disqualified from driving for a minimum of 15 months

– have an alcohol interlock for a minimum of 6 months.

Non-BAC drink-driving offence
(See Note 1 below)
You will need to go to court and will:

– receive a fine

– have your licence or permit cancelled*

– be disqualified from driving for a period determined by the court

– have an alcohol interlock for a period determined by the court.

Non-road safety related offences that involve alcohol
(Community Sentencing Reform under Sentencing Act 1991)
You will need to go to court and will:

– receive a fine

– have your licence or permit cancelled*

– be disqualified from driving for a period determined by the court

– have an alcohol interlock for a period determined by the court.

* Presuming a Traffic Infringement Notice is issued and no notice of objection. Possible different drink driving penalties Victoria if case is heard in court.

** For combined drug and drink driving penalties Victoria, the alcohol interlock period and removal is determined by the court, not VicRoads.

Note 1: Non-BAC drink driving penalties Victoria include:

  • DUI (driving or being in charge of a vehicle while under the influence of alcohol to such an extent as to be incapable of having proper control of the vehicle).
  • Refusing to provide a test sample.
  • Refusing to stop at a breath testing station or to co-operate in the conduct of a test.
  • Manslaughter involving the use of a motor vehicle where alcohol was a contributing factor.
  • Culpable driving causing death where alcohol was a contributing factor.
  • Dangerous driving causing death or serious injury where alcohol was a contributing factor.
  • Negligently causing serious injury involving the use of a motor vehicle where alcohol was a contributing factor.
  • Negligent driving involving police pursuit.
  • Stealing or attempting to steal a vehicle.

Immediate suspension
Authorities have the power to immediately suspend your driver licence or learner permit in certain situations, e.g. learner or probationary drivers with a BAC of .07 or more, or for repeat offenders. The length of suspension depends on the circumstances.
Second or Subsequent Offences

Offence description Penalties
Second BAC offence where the most recent BAC reading was 0.15 or less. You will need to go to court and will:
– receive a fine
– have your licence or permit cancelled*
– be disqualified from driving for a period determined by the court
– have an alcohol interlock for a period determined by the court.
Second BAC offence where the most recent BAC reading was 0.15 or more. You will need to go to court and will:
– receive a fine
– have your licence or permit cancelled*
– be disqualified from driving for at least 30 months
– have an alcohol interlock for a minimum of 4 years.
Where the most recent offence was a non-BAC drink-driving offence (See Note 1 below). You will need to go to court and will:
– receive a fine
– have your licence or permit cancelled*
– be disqualified from driving for a period determined by the court
– have an alcohol interlock for a period determined by the court.
3 or more BAC offences. You will need to go to court and will:
– receive a fine
– have your licence or permit cancelled*
– be disqualified from driving for a period determined by the court
– have an alcohol interlock for a minimum of 4 years.