Charged with drink driving in Victoria? Whether you’re facing a drink driving offence, drug driving charge, or serious traffic matter, the consequences – loss of licence, fines, and the risk of a conviction on your record – can affect your work, your family, and your livelihood.
Our criminal law team, led by an LIV Accredited Specialist in Criminal Law, represents clients facing traffic and drink driving matters across Melbourne’s eastern suburbs and the Yarra Valley — at Ringwood, Moorabbin, Dandenong, Frankston, and courts across Victoria.
Drink Driving Charges We Handle
Victoria’s Road Safety Act 1986 creates a range of traffic offences based on your breath or blood alcohol concentration (BAC). The most common charges are:
- Exceed prescribed concentration of alcohol (PCA) — s 49(1)(b) Road Safety Act
- Refuse breath or blood test — s 49(1)(e) and s49(1)(f)
- Drug driving — presence of illicit drug detected via oral fluid test — s 49(1)(bb)
- Combined drink and drug driving
- Driving whilst cancelled, disqualified, or suspended — s 18 and s30
- Dangerous or reckless driving causing serious injury — s 64
- Careless driving — s 65
PCA Tiers and Mandatory Licence Loss – What the Law Requires
The penalty for a drink driving offence in Victoria depends on your BAC reading and whether it is a first or subsequent offence. The table below sets out mandatory minimum licence loss periods under current Victorian law.
| Charge tier | BAC range | 1st offence min disq. | Subsequent min disq. | Notes |
| Low PCA | 0.05–0.069 | 3 months | 6 months | Fine up to 12 penalty units (1st). Interlock may apply. |
| Mid PCA | 0.07–0.099 | 6 months | 12 months | Fine up to 25 penalty units. Interlock likely. |
| High PCA | 0.10–0.149 | 12 months | 24 months | Fine up to 25 penalty units. Interlock mandatory (subsequent). |
| Exceed .15 | 0.15+ | 24 months | 36 months+ | Risk of imprisonment on subsequent offence. Interlock mandatory. |
| Drug driving | Any illicit drug | 12 months | 24 months | Oral fluid or blood test. Separate offence from PCA. No ‘level’ system. |
| Refuse test | N/A | 24 months | 36 months+ | Treated as if over .15. Serious consequences. |
Important: These are minimum mandatory periods. Magistrates have discretion to impose longer disqualification, significant fines, and in serious cases imprisonment — particularly for repeat offences or high BAC readings. The table above is a general guide only and does not constitute legal advice.
What a Drink Driving Lawyer Can Do For You
Many people assume that because police have a breath or blood reading, there is nothing a lawyer can do. This is rarely true. Our approach is always to review the case in full before advising on options.
1. Identify technical and procedural defences
Before considering a plea, we examine how the police handled your matter, including the operation of the breath analysis instrument, whether required procedures under the Road Safety Act were followed, and whether any evidence may be excluded. Technical errors do occur and identifying them early can make a decisive difference.
2. Seek a penalty without conviction (s 8 Sentencing Act)
Even where a guilty plea is appropriate, a conviction is not inevitable. Under section 8 of the Sentencing Act 1991, a Magistrate may find the charge proved and impose a penalty — including a period of licence disqualification — without recording a conviction. This is particularly valuable for clients who have no prior record and where a conviction would have serious professional or visa consequences.
A successful application requires a carefully prepared plea in mitigation, supported by relevant materials. Our team has extensive experience running these applications across metropolitan and suburban courts.
3. Minimise the licence loss period
Even where the minimum mandatory period applies, we work to ensure the Magistrate has a complete picture of the impact a licence loss would have on your employment, family, and community obligations. The quality of your plea in mitigation directly affects the outcome.
4. Interlock conditions
From 1 November 2018, Victoria significantly expanded the alcohol interlock condition scheme. In many cases, an interlock condition will be imposed on your licence during a probationary re-licensing period after your disqualification ends. We advise on the interlock scheme and how to navigate it so you can get back on the road as efficiently as possible.
Courts We Appear In — Eastern Melbourne & Yarra Valley
Our drink driving and traffic lawyers appear regularly at courts across Melbourne’s east and beyond:
- Ringwood Magistrates’ Court
- Moorabbin Magistrates’ Court
- Dandenong Magistrates’ Court
- Frankston Magistrates’ Court
- Heidelberg Magistrates’ Court
- Broadmeadows Magistrates’ Court
- Sunshine Magistrates’ Court
- La Trobe Valley Magistrates’ Court
- Geelong Magistrates’ Court
- County Court of Victoria
We are also able to appear at any court in Victoria by arrangement.
Frequently Asked Questions
Will I automatically lose my licence for drink driving?
In almost all cases, yes — Victoria imposes mandatory minimum disqualification periods for drink driving offences. However, the length of disqualification depends on your BAC reading and whether it is a first or subsequent offence. A lawyer can help you achieve the minimum possible period and, in appropriate cases, seek a penalty without a conviction being recorded.
Can I challenge a breath test result in court?
Yes, it is always worth having a lawyer review how the breath analysis was conducted. Procedural and technical errors do occur. If police have not followed the required steps under the Road Safety Act, it may be possible to have evidence excluded or charges reduced. Even where the reading cannot be challenged, legal representation can significantly affect your penalty.
What is a penalty without conviction?
Under section 8 of the Sentencing Act 1991, a Magistrate can find a charge proved and impose a penalty- such as a licence disqualification and fine, without recording a conviction on your criminal record. This is available in appropriate first offence matters and requires a well-prepared plea in mitigation. It is not automatic, and the strength of your legal submissions matters.
I need my licence for work — does that affect my penalty?
It can. A Magistrate will consider the personal impact of a licence loss, including employment consequences, when sentencing. This is one of the reasons why a carefully prepared plea in mitigation, setting out your circumstances clearly and persuasively — can make a real difference to the outcome. Our team prepares these submissions for clients regularly.
Do I need a lawyer for a first-time low-range drink drive?
It depends on your circumstances — but a lawyer is always worth consulting, even for a first low-range offence. If you have professional licences, a visa condition, employment in a role requiring a clean record, or any reason a conviction would be particularly damaging, seeking representation before your court date is strongly advisable. Our initial consultation is free, so there is no risk in calling us first.
Speak to a Criminal Lawyer Today — No Obligation
If you have been charged with drink driving or a traffic offence, contact our criminal law team directly for a free initial consultation. We will review your charges, advise you on your options, and tell you honestly what outcome is achievable.
Call our criminal law team directly for a free consultation on 0483 949 747 or book an appointment online by filling out this form and a member of our team will contact you within 2 business hours:
