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Melbourne Drink driving Lawyers
- No extended or harsh loss of license, and
- No lengthy community correction orders, and
- No terms of imprisonment
People caught on numerous occasions over the prescribed blood alcohol limit often face a term of imprisonment as they present as a clear and obvious risk to the community
There are particular defences which at times are appropriate for submission, these being:
- Dispute of fact regarding the refusal of a breath test,
- Member of the police providing incorrect legal advice,
- Dispute regarding whether you HAD control of the vehicle in question,
- Machine report error concerning the device used to test the accused.
Drink Driving Penalties
DRINK DRIVING PENALTIES – AFTER 30 APRIL 2018
Full Licence (26 years or older)
| Offence Description section 49(1)(b) Road Safety Act 1986 (Vic)1 | Minimum Disqualification Period2 | Maximum Fine (penalty units)3 or Term of Imprisonment | Minimum Interlock Period4 (months) | ||||
| First Offence | Subsequent Offence | First Offence5 | Second Offence6 | Subsequent Offence7 | First Offence | Second Offence | |
| less than ∙05 | 3 months | 12 months | 20 pu | 60 pu or 6 months | 180 pu or 18 months | 6 | 12 |
| ∙05 or more but less than ·07 | 6 months | 12 months | 20 pu | 60 pu or 6 months | 120 pu or 12 months | 6 | 12 |
| ·07 or more but less than ·08 | 6 months | 14 months | 20 pu | 60 pu or 6 months | 120 pu or 12 months | 6 | 12 |
| ·08 or more but less than ·09 | 6 months | 16 months | 20 pu | 60 pu or 6 months | 120 pu or 12 months | 6 | 12 |
| ·09 or more but less than ·10 | 6 months | 18 months | 20 pu | 60 pu or 6 months | 120 pu or 12 months | 6 | 12 |
| ·10 or more but less than ·11 | 10 months | 20 months | 20 pu | 60 pu or 6 months | 120 pu or 12 months | 6 | 12 |
| ·11 or more but less than ·12 | 11 months | 22 months | 20 pu | 60 pu or 6 months | 120 pu or 12 months | 6 | 12 |
| ·12 or more but less than ·13 | 12 months | 24 months | 20 pu | 60 pu or 6 months | 120 pu or 12 months | 6 | 12 |
| ·13 or more but less than ·14 | 13 months | 26 months | 20 pu | 60 pu or 6 months | 120 pu or 12 months | 6 | 12 |
| ·14 or more but less than ·15 | 14 months | 28 months | 20 pu | 60 pu or 6 months | 120 pu or 12 months | 6 | 12 |
| ·15 or more but less than ·16 | 15 months | 30 months | 20 pu | 120 pu or 12 months | 180 pu or 18 months | 6 | 48 |
| ·16 or more but less than ·17 | 16 months | 32 months | 20 pu | 120 pu or 12 months | 180 pu or 18 months | 6 | 48 |
| ·17 or more but less than ·18 | 17 months | 34 months | 20 pu | 120 pu or 12 months | 180 pu or 18 months | 6 | 48 |
| ·18 or more but less than ·19 | 18 months | 36 months | 20 pu | 120 pu or 12 months | 180 pu or 18 months | 6 | 48 |
| ·19 or more but less than ·20 | 18 months | 38 months | 20 pu | 120 pu or 12 months | 180 pu or 18 months | 6 | 48 |
| ·20 or more but less than ·21 | 20 months | 40 months | 20 pu | 120 pu or 12 months | 180 pu or 18 months | 6 | 48 |
| ·21 or more but less than ·22 | 21 months | 42 months | 20 pu | 120 pu or 12 months | 180 pu or 18 months | 6 | 48 |
| ·22 or more but less than ·23 | 22 months | 44 months | 20 pu | 120 pu or 12 months | 180 pu or 18 months | 6 | 48 |
| ·23 or more but less than ·24 | 23 months | 46 months | 20 pu | 120 pu or 12 months | 180 pu or 18 months | 6 | 48 |
| ·24 or more | 24 months | 48 months | 20 pu | 120 pu or 12 months | 180 pu or 18 months | 6 | 48 |
¹ Section 49(1)(b) Road Safety Act 1986 (Vic) states that “a person is guilty of an offence if he or she drives a motor vehicle or is in charge of a motor vehicle while the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in his or her blood or breath”.
² Section 50(1A) Road Safety Act 1986 (Vic).
³ One penalty unit is currently $165.22, from 1 July 2019 to 30 June 2020.
⁴ Offence committed on or after 1 October 2014.
⁵ Section 49(2A)(a) Road Safety Act 1986 (Vic).
⁶ Section 49(2A)(b) Road Safety Act 1986 (Vic).
⁷ Section 49(2A)(c) Road Safety Act 1986 (Vic).
DRINK DRIVING PENALTIES – AFTER 30 APRIL 2018
Full Licence (26 years or older)
| Offence Description section 49(1)(a) Road Safety Act 1986 (Vic) 8 | Minimum Disqualification Period 9 | Maximum Fine (penalty units) 10 | Maximum Fine ($) 11 | Maximum Term of Imprisonment |
| First Offence | 2 years | 25 penalty units | 4,130.50 | 3 months |
| Second Offence | 4 years | 120 penalty units | 19,826.40 | 12 months |
| Subsequent Offence | 4 years | 180 penalty units | 29,739.60 | 18 months |
⁸ Section 49(1)(a) Road Safety Act 1986 (Vic) states that “a person is guilty of an offence if he or she drives a motor vehicle or is in charge of a motor vehicle while under the influence of intoxicating liquor or of any drug to such an extent as to be incapable of having proper control of the motor vehicle”.
⁹ Section 50(1B) Road Safety Act 1986 (Vic).
¹⁰ Section 49(2) Road Safety Act 1986 (Vic).
¹¹ One penalty unit is currently $165.22, from 1 July 2019 to 30 June 2020.
COMBINED DRINK AND DRUG DRIVING PENALTIES – AFTER 30 APRIL 2018
Full Licence (26 years or older)
| Offence Description section 49(1)(bc) Road Safety Act 1986 (Vic) 12 | Minimum Disqualification Period 13 (months) | Maximum Fine ($) | Maximum Fine ($) | Maximum Imprisonment (months) | Maximum Fine ($) | Maximum Imprisonment (months) | |
| First Offence | Subsequent Offence | First Offence 14 | Second Offence 15 | Subsequent Offence 16 | |||
| less than ·07 | 12 | 24 | 4,956.60 | 14,869.80 | 6 | 29,739.60 | 12 |
| ·07 or more but less than ·08 | 12 | 26 | 4,956.60 | 14,869.80 | 6 | 29,739.60 | 12 |
| ·08 or more but less than ·09 | 12 | 28 | 4,956.60 | 14,869.80 | 6 | 29,739.60 | 12 |
| ·09 or more but less than ·10 | 12 | 30 | 4,956.60 | 14,869.80 | 6 | 29,739.60 | 12 |
| ·10 or more but less than ·11 | 16 | 32 | 4,956.60 | 14,869.80 | 6 | 29,739.60 | 12 |
| ·11 or more but less than ·12 | 17 | 34 | 4,956.60 | 14,869.80 | 6 | 29,739.60 | 12 |
| ·12 or more but less than ·13 | 18 | 36 | 4,956.60 | 14,869.80 | 6 | 29,739.60 | 12 |
| ·13 or more but less than ·14 | 19 | 38 | 4,956.60 | 14,869.80 | 6 | 29,739.60 | 12 |
| ·14 or more but less than ·15 | 20 | 40 | 4,956.60 | 14,869.80 | 6 | 29,739.60 | 12 |
| ·15 or more but less than ·16 | 21 | 42 | 4,956.60 | 29,739.60 | 6 | 44,609.40 | 18 |
| ·16 or more but less than ·17 | 22 | 44 | 4,956.60 | 29,739.60 | 12 | 44,609.40 | 18 |
| ·17 or more but less than ·18 | 23 | 46 | 4,956.60 | 29,739.60 | 12 | 44,609.40 | 18 |
| ·18 or more but less than ·19 | 24 | 48 | 4,956.60 | 29,739.60 | 12 | 44,609.40 | 18 |
| ·19 or more but less than ·20 | 25 | 50 | 4,956.60 | 29,739.60 | 12 | 44,609.40 | 18 |
| ·20 or more but less than ·21 | 26 | 52 | 4,956.60 | 29,739.60 | 12 | 44,609.40 | 18 |
| ·21 or more but less than ·22 | 27 | 54 | 4,956.60 | 29,739.60 | 12 | 44,609.40 | 18 |
| ·22 or more but less than ·23 | 28 | 56 | 4,956.60 | 29,739.60 | 12 | 44,609.40 | 18 |
| ·23 or more but less than ·24 | 29 | 58 | 4,956.60 | 29,739.60 | 12 | 44,609.40 | 18 |
| ·24 or more | 30 | 60 | 4,956.60 | 29,739.60 | 12 | 44,609.40 | 18 |
¹² Section 49(1)(b) Road Safety Act 1986 (Vic) states that “a person is guilty of an offence if he or she drives a motor vehicle or is in charge of a motor vehicle while both the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in his or her blood or breath; and the prescribed concentration of drugs or more than the prescribed concentration of drugs is present in his or her blood or oral fluid”.
¹³ Section 50(1AD) Road Safety Act 1986 (Vic).
¹⁴ Section 49(3AAB)(a) Road Safety Act 1986 (Vic).
¹⁵ Section 49(3AAB)(b) Road Safety Act 1986 (Vic).
¹⁶ Section 49(3AAB)(c) Road Safety Act 1986 (Vic).
Frequently asked question
Do you still have questions?
01What immediate steps should I take after a drink-driving arrest in Victoria?
Stop driving and do not operate any vehicle until your licence situation is clarified.
Contact a criminal defence lawyer as soon as possible — getting expert advice early is crucial.
Gather basic details about the arrest (which officer, when, where) and avoid providing additional statements without legal advice.
Be aware that your licence may be suspended immediately, and you will likely face a hearing or court date.
02Can I lose my licence on the spot and for how long are suspensions typical?
Yes. Licence suspension or cancellation can be immediate depending on your licence type and blood alcohol concentration (BAC).
Typical minimum disqualification periods after 30 April 2018 for a full-licence driver (26 years or older) include:
-Under 0.05 BAC: minimum about 3 months.
-BAC 0.05 or more: at least 6 months.
The actual suspension length may increase depending on BAC level, prior offending or licence category.
03Will a first-time low-range reading always result in a criminal record?
04Are there diversion or treatment programs for drink-driving offenders in Victoria?
05Can you challenge the accuracy of a breath or blood test?
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