In Victoria, a person who is caught drink driving will face very harsh penalties including significant fines, periods of licence disqualification and even terms of imprisonment. Everyone who is found guilty of a drink driving offence in Victoria is also required to complete a Drink Driver Behaviour Change Program and to use an alcohol interlock device when they resume driving. The penalties for drink driving in Victoria, and the processes for dealing with these offences are set out below.
Drink driving offences in Victoria are governed by the Road Safety Act 1986.
First offences
The penalties that apply when a person is caught drink driving for the first time depend on the type of licence the driver holds and the BAC they record. The penalties that currently apply to first offences are set out in the table below. Serious offences may also attract terms of imprisonment.
| BAC level | Licence type | Penalty | Disqualification period | Alcohol interlock period | Zero BAC requirement | Other conditions |
|---|---|---|---|---|---|---|
| Below 0.05 | Learner's permit, P1 or P2 licence or full licence with a Z condition | Fine | Minimum three months | Minimum six months | Minimum three years | Complete a Drink Driver Behaviour Change Program |
| 0.05 to 0.69 | Full licence where driver aged over 26 | Fine | Minimum three months if infringement notice is issued; Minimum six months if dealt with by a court | Minimum six months | Minimum three years | Complete a Drink Driver Behaviour Change Program |
| 0.05 to 0.69 | Full licence, learner's permit, P1 or P2 or full licence with a Z condition where driver is aged under 26 | Fine | Minimum six months | Minimum six months | Minimum three years | Complete a Drink Driver Behaviour Change Program |
| 0.07 to 0.10 | Any | Fine | Minimum six months | Minimum six months | Minimum three years | Complete a Drink Driver Behaviour Change Program |
| 0.10 to 0.15 | Any | Fine | Minimum 10 months, maximum 14 months | Minimum six months | Minimum three years | Complete a Drink Driver Behaviour Change Program |
| 0.15 or more | Any | Fine | Minimum 15 months, maximum 24 months | Minimum six months | Minimum three years | Complete a Drink Driver Behaviour Change Program |
Subsequent offences
Longer disqualification periods apply to the above offences if the driver has been caught drink driving one or more times in the past.
When a person is caught drink driving for the second or subsequent time with a BAC of less than 0.15, they face disqualification for a period of between 12 and 28 months. They will also be subject to an alcohol interlock condition for 12 months. They will also be subject to a zero BAC condition for three years.
When a person is caught drink driving for the second or subsequent time with a BAC of over .15, they will be disqualified for a period of between 30 and 48 months. They will also be subject to an alcohol interlock condition for a period to be determined by the court. They will also be subject to a zero BAC condition for the period of the interlock condition.
Other drink driving offences
In Victoria there are also drink driving offences that do not require the driver to be proven to have had a particular BAC. These include:
- driving under the influence (DUI)
- refusing to provide a breath sample
- refusing to stop at a breath testing station
- negligently causing serious injury while using a motor vehicle where alcohol was a factor
- manslaughter involving the use of a motor vehicle where alcohol was a factor.
When a person is charged with DUI, they may be found guilty without any evidence that they had a particular BAC level. The offence requires only that there is evidence that the accused’s driving was impaired by the presence of alcohol or drugs in their system. This offence may attract a significant fine and/or term of imprisonment.
When a person is found guilty of refusing to supply a breath sample, they will face a significant fine and possible term of imprisonment.
Pleading guilty to drink driving in Victoria
When a person is charged with an offence involving drink driving, they may want to plead guilty and finalise the matter on the first occasion. However, it is often advisable to adjourn the matter to obtain legal advice and supporting information. Any material that the accused puts before the court that demonstrates that they are taking the matter seriously and addressing their underlying issues will assist to achieve a favourable outcome.
The supporting information that may assist a person’s drink driving plea includes:
- evidence of any steps they have taken to address the causes of their offending (such as participation in alcohol rehabilitation programs or one-on-one counselling);
- character references from people who know them and are aware of the charges.
Pleading not guilty to drink driving in Victoria
In some cases, a person may want to plead not guilty to an offence involving drink driving. When a person contests a drink driving charge, they will go through the same processes as someone who is contesting criminal charges. This will include being served with a brief of evidence, obtaining a date for a contested hearing and in some cases, there may be a need for a voir dire.
Situations where a person may wish to plead not guilty to drink driving offences include:
- where the person charged was not the driver of the vehicle;
- where the person charged was driving because of an emergency situation;
- where the person charged had become intoxicated involuntarily;
- where the BAC reading obtained by the police was incorrect or was taken more than three hours after driving.
It is important to note that it is not a defence to a drink driving charge that the accused was mistaken about the amount they had had to drink or about their BAC level.
If you require legal advice or representation in a drink driving matter or in any other legal matter, please contact Taylor Rose.
