Drink and drug driving charges carry mandatory licence consequences in Victoria. Early advice can make a real difference to how long you are off the road and what goes on your record.
Key points
- Most drink-driving offences carry mandatory licence cancellation. The minimum period depends on the reading, your licence type and any prior offences, and the court cannot reduce it.
- If your licence is cancelled for drink driving, an alcohol interlock condition will apply for a minimum period when you are relicensed.
- Lower readings for a first offence are often dealt with by an infringement notice; higher readings and repeat offences go to court.
- In court, the magistrate may have a discretion about recording a conviction, which can matter for work, travel and visas.
Common charges
- Exceeding the prescribed concentration of alcohol (PCA)
- Driving under the influence
- Refusing a preliminary breath test or evidentiary test
- Driving with a prescribed illicit drug present in blood or oral fluid
- Driving while impaired by a drug
These offences are mostly found in the Road Safety Act 1986 (Vic).
What is at stake
Depending on your reading, your licence type and any prior offences, penalties can include licence cancellation and disqualification, a fine, a conviction, and the requirement to fit an alcohol interlock before you can drive again. Police can also suspend some licences immediately at the roadside.
Fixed-fee drink driving lawyers in Melbourne
We act for drink and drug driving matters at a fixed fee for each stage, not by the hour. Send us your charge sheet, police summary and court notice for a free written quote. For advice on your case, a 30-minute online consultation is $330 (inc. GST), paid on the day. Your barrister is with you for the whole day at court.
How we help
- Check whether the testing procedure and the evidence were lawful and reliable.
- Advise on whether there is a defence or a basis to challenge the charge.
- On a plea, prepare material that addresses the court’s concerns: driver education, character references and your need for a licence.
- Argue for the most favourable outcome the law allows, including avoiding a conviction where possible.
Frequently asked questions
Can I get diversion for drink driving?
Generally not. Diversion is not available where an offence carries a mandatory minimum penalty, such as a fixed period of licence loss, which applies to most drink driving charges.
Will I lose my licence?
For most drink driving offences, licence cancellation is mandatory. The length of disqualification depends on your reading, age, licence type and history. We will tell you what applies to you.
Do I need a lawyer for a first offence?
Not always, but advice is worth getting. Whether a conviction is recorded can affect your employment, travel and insurance, and good preparation influences that outcome.