More languages...
| (03) 9269 0120Melbourne | 1800 677 402Rural areas |  Locate us |
Drink and drug driving
You can get severe penalties if you drive while under the influence of alcohol or drugs. The penalties depend on the facts of each case, such as your blood alcohol concentration and if you have committed similar offences before.
Drink driving offences
It is an offence to drink alcohol while:
- driving a motor vehicle
- sitting beside a person who is learning to drive.
It is also an offence to test positive for being over the blood alcohol concentration (BAC) limit while driving. The BAC is measured in terms of alcohol content in your blood and can be tested through ‘breathalyser’ tests.
The limit depends on your licence type. For drivers with full licences it is an offence to have a BAC of .05 or more. Learners, P-platers and some other drivers must have a BAC of zero.
Note: everyone is different. You cannot rely on guessing how much alcohol is in your blood based on how many drinks you have had. If you plan to drive, it is best not drink at all.
Drug driving offences
It is an offence for you to test positive for certain illicit drugs within three hours of driving.
The test involves random saliva testing of drivers for the presence of THC (the active component of cannabis), methylamphetamine (speed, also known as ice or crystal meth) and ecstasy.
The saliva tests should only be able to detect THC if you have been using cannabis within the last three to five hours. This will depend on the strength of the drug and how much you have used cannabis before.
It is an offence to have any amount of these illicit drugs in your blood or saliva. It is also an offence to refuse to comply with drug test requirements.
Licence penalties
You must be disqualified from driving for at least two years if you are found guilty or convicted of:
- being incapable of controlling a vehicle due to alcohol or drugs
- refusing alcohol or drug test requirements.
If you commit these offences again you can get a penalty of four years.
Drink driving penalties
If you are a zero BAC licence-holder but are caught with a BAC of .07 or more, your licence or permit can be immediately suspended. The same applies to other drivers with a BAC of .15 or more.
If you have a BAC of .07 or more (.05 or more if you are a zero BAC licence-holder), your licence will be cancelled and you will be disqualified from driving for at least six months. There is nothing you can do to get out of this.
Drug driving penalties
If you drive with illicit drugs in your system, you can be fined or imprisoned. If the court finds you guilty or convicts you of an offence under the drug driving laws, you will lose your licence.
The length of time you will lose your licence depends on the charge you are found guilty of.
You will have to do a driver education course to get your licence back.
Licence disqualification
If your licence is disqualified, how long it is disqualified for depends on:
- whether it is a drink or drug driving offence
- your BAC, if it is a drink driving offence
- whether it is your first offence – an offence is still regarded as a ‘first offence’ if any prior offences you have are more than 10 years old, but the magistrate may still take your history into account when deciding your penalty..
Disqualification periods for drug driving
The disqualification period for driving while impaired by a drug is 12 months for the first offence and 24 months for a subsequent offence.
Disqualification periods for drink driving
| Blood alcohol concentration (BAC) | First offence* | Subsequent offence |
|---|---|---|
| Less than .07 | 6 months | 12 months |
| .07 or more but less than .08 | 6 months | 14 months |
| .08 or more but less than .09 | 6 months | 16 months |
| .09 or more but less than .10 | 6 months | 18 months |
| .10 or more but less than .11 | 10 months | 20 months |
| .11 or more but less than .12 | 11 months | 22 months |
| .12 or more but less than .13 | 12 months | 24 months |
| .13 or more but less than .14 | 13 months | 26 months |
| .14 or more but less than .15 | 14 months | 28 months |
| .15 or more but less than .16 | 15 months | 30 months |
| .16 or more but less than .17 | 16 months | 32 months |
| .17 or more but less than .18 | 17 months | 34 months |
| .18 or more but less than .19 | 18 months | 36 months |
| .19 or more but less than .20 | 19 months | 38 months |
| .20 or more but less than .21 | 20 months | 40 months |
| .21 or more but less than .22 | 21 months | 42 months |
| .22 or more but less than .23 | 22 months | 44 months |
| .23 or more but less than .24 | 23 months | 46 months |
| .24 or more | 24 months | 48 months |
* an offence is still regarded as a ‘first offence’ if any prior offences you have are more than 10 years old, but the magistrate may still take your history into account when deciding your penalty.
Note: the disqualification periods apply if you have been convicted of a drink driving offence. In some circumstances, the court can decide not to record a conviction. If this happens, you will not have your licence disqualified but you will get 10 demerit points. See ‘Demerit points’ (link below).
Can I stop my licence from being disqualified?
You may not be disqualified if you are 26 years old or over and are:
- found guilty without conviction of having a BAC less than .07 (.05 for any following offences)
- subject to zero BAC and found guilty or convicted of a first offence of having a BAC less than .05.
If you are not disqualified then you will get 10 demerit points instead. If you are a novice driver or already have demerit points, then this you may get a demerit points licence suspension. See ‘Novice drivers’ and ‘Demerit points’ (links below).
Get legal advice.
Disagreeing with the charge
You may have a defence in some cases. For example, if:
- the testing equipment was not working properly
- the test result was inaccurate
- the police did not follow proper procedures when testing or charging you
- you were not driving
- your blood alcohol concentration/drug content was due to alcohol you drank or drugs you took after driving.
Being honestly mistaken about your blood alcohol content or not realising how ‘stoned’ or drunk you were is not a defence. Neither is being drunk because other people gave you alcohol without your knowledge.
This area can be complicated. Talk to a lawyer about the defences that may apply to your situation.
More information
Possible outcomes for traffic offences
Related publications
Related websites
How we can help
Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
If you have to go to court and have not been able to get legal advice beforehand, our free legal services include lawyers who are on ‘duty’ to help at many courts and tribunals.
To find out more about any of our legal services see What we do.
Who else can help?
Your local community legal centre (CLC) can give you legal information and advice. Most CLC services are free. See the Community Law website for more information and CLC contact details.
DirectLine can refer you to drink driving courses throughout Victoria and help with drug and alcohol problems. Call them on 1800 888 236.