Driving is a demanding task that requires concentration and sound decision-making. Driving with alcohol in our system can blunt our alertness and reduce our ability to react to situations. In Victoria, drink driving remains one of the major factors that causes road deaths, with around 25% of the drivers and motorcyclists killed having a blood alcohol concentration (BAC) of or above 0.5. According to section 47 of the Road Traffic Act, a person must not drive a vehicle or attempt to put a vehicle in motion while they are under the influence of intoxicating liquor or drug as to be incapable of exercising effective control of the vehicle.

In Victoria, driving with a BAC of 0.05 or more is considered a violation of the law. A person caught drink driving will face serious consequences including significant fines, licence suspension or cancellation, and even terms of imprisonment. There are many factors that need to be taken into account such as gender, age, weight, and tolerance to alcohol when attempting to stay under the BAC limit, hence it is safer not to drive at all after consuming any amount of alcohol, as there is no guarantee that you will stay under the prescribed limit. Similarly, the consequences of a drink driving offence may depend upon factors such as:

Whether it is first offence or a repeated offence for drink driving;
Age of the driver;
The alleged BAC;
The type of license held by the driver.

Fines

Under the Victorian law, a maximum of 20 penalty units will be given to first offenders. Repeat offenders will face additional fines while facing other more serious consequences.

Vehicle Impoundment

For first time offenders, the police have the power to impound your vehicle for 30 days if your BAC is 0.10 or more. Repeat offenders may have their vehicles immediately impounded or immobilised by police for 30 days or more at the discretion of the court.

License Suspension

The police can suspend your license if you are:

On a full license and your BAC reading was 0.10 or more;
Holding a P licence or a learner’s permit and your BAC reading was 0.07 or more;
Charged with a refusal offence;
Caught drink or drug driving before within the last 10 years.

The maximum period for licence suspension is 2 years, with a minimum cancellation period of 3 months. Once the suspension period is over, your licence becomes valid again and you can start driving.

License Cancellation and Disqualification period

In contrast with a suspension of licence, a cancellation of licence is when the licence will be deemed invalid, and you will have to go back to court to become relicensed. You may need to complete a driver education program and/or complete at least 2 assessments for alcohol problems before applying for a new licence.

Alcohol Interlocks

An alcohol interlock is a device that is fitted to the vehicle of drivers who have been convicted of drink driving offences. It measures and records the amount of alcohol on the driver’s breath and blocks a vehicle from starting if the driver has consumed alcohol.

Behaviour Change Program

The Behaviour Change Program is now required for anyone who has committed a drink driving offence. A Behaviour Change Program needs to be completed for each offence.

First Offence

BAC Level, Licence Type, and Penalties

If the BAC is below 0.05, drivers holding a learner’s permit, P1 or P2 licence, or a full licence with a Z condition will face a fine of 2.5 penalty units, with a minimum licence disqualification period of 3 months.
If the BAC is between 0.05 and 0.069, drivers under 26 holding a full licence, learner’s permit, P1 or P2 licence, or a full licence with a Z condition will face a fine of 3 penalty units, with a minimum licence disqualification period of 6 months.
If the BAC is between 0.05 and 0.069 and the driver is over 26, a fine of 3 penalty units will be issued. The minimum license disqualification period is 3 months if an infringement notice is issued, or 6 months if dealt with by the court.
If the BAC is between 0.07 and 0.10, drivers of all license types will face a fine of 3 penalty units, with a minimum license disqualification period of 6 months.
If the BAC is between 0.10 and 0.15, drivers of all license types will face a fine of 4.25 penalty units, with a license disqualification period ranging from a minimum of 10 months to a maximum of 14 months.
If the BAC is 0.15 or more, drivers of all license types must appear before the Magistrates’ Court, with a minimum licence disqualification period of 15 months and a maximum of 24 months.
All will require a minimum 6-month alcohol interlock period and must complete a behavior change program.

For all first drink driving offenders, you will be required to drive with zero BAC for at least 3 years.

Second or Subsequent Offence

For repeated offenders, longer disqualification periods will be imposed for the same offences.

BAC less than 0.15:

Applies to all license types.
For a second offence, the maximum penalty is 60 penalty units. For a third or subsequent offence, the maximum penalty is 120 penalty units.
The disqualification period ranges from a minimum of 12 months to a maximum of 28 months.
Alcohol interlock period: minimum 12 months for a second offence, and minimum 4 years for a third or subsequent offence.
You will also need to complete a Behavior Change Program.
BAC of 0.15 or more:

Applies to all license types.
For a second offence, the maximum penalty is 120 penalty units. For a third or subsequent offence, the maximum penalty is 180 penalty units.
The disqualification period ranges from a minimum of 30 months to a maximum of 48 months.
Alcohol interlock period: minimum 4 years.
You will also need to complete a Behaviour Change Program.

For a BAC of less than 0.15, you will be subjected to a zero BAC condition for 3 years, while for a BAC of 0.15 or more, you will be subjected to a zero BAC condition for the period of the interlock condition.

Other drink driving offences

Other offences that may face severe repercussions include:

Refusing to provide a breath sample;
Refusing to stop at a breath testing station;
Refusing to cooperate when a breath or blood test is being conducted.

Conclusion

Drink driving offences can be complicated as there are many factors that will be given consideration when a judgment is made. Therefore, it is crucial to seek relevant legal advice to ensure that a viable defence strategy is laid out and weigh your available options to avoid a harsher penalty.

Verge Legal provides legal advice in all states in Australia, contact us today if you need assistance.

This blog post provides general information and is not intended as legal advice. It may not be complete or up-to-date. For specific legal advice, please consult a qualified lawyer.