Drink Driving Penalties in Victoria - Important Updates

Drink Driving Penalties in Victoria – Important Updates

January 18, 2018

Drink driving charges can be tricky to navigate, as there are various offences and penalties that fall under the umbrella of ‘drink driving’. Drink driving is a serious offence in Victoria and carries mandatory penalties. There are several different drink driving offences depending on your Blood Alcohol Concentration (BAC) reading and your licence type.[1]

Prescribed Concentration of Alcohol (PCA) Offence

This offence is where you drive with a Blood Alcohol Concentration (BAC) in excess of 0.05.[2] This blood alcohol level is measured through either a sample of exhaled air or a blood test.[3] Zero BAC applies to learner (‘L-Plate’) and provisional (‘P-Plate’) drivers, truck drivers, and those with a nil alcohol licence condition. The most common method of analysis is through a roadside ‘breath test’ to measure the level of alcohol in exhaled air. The Police must prove that you:

Operated a motor vehicle; and
Had an excess of the prescribed concentration of alcohol.

It is an offence to refuse to provide a sample breath test or refuse to stop at a testing station.[4]

Current Drink Driving Penalties

Currently, the penalties for driving in excess of the 0.05 blood alcohol limit vary, according to what level is recorded on the sample of breath or blood sampled and licence level. If alcohol is found in the system, you can have your licence cancelled, be disqualified from holding a licence for a period of time and be required to complete a behaviour change program before your licence is restored. Alcohol interlock devices are mandatory for all drink driving offenders.[5] The table below highlights the current minimum penalties imposed for drink driving offences.

Level	Designation	Penalties
Sub 0.05 offence (L or P Plate, commercial licence only)	Less than 0.05g	Fine Licence cancelled and disqualified for a minimum of 3 months (12 months for subsequent) Mandatory alcohol interlock
Low	0.05-0.069g	Fine Licence cancelled and disqualified for a minimum of 3 months (if aged 26 or older) or 6 months (if under 26) Mandatory alcohol interlock fitted for a minimum of 6 months Required to complete a behaviour change program
Mid	0.07-0.099g	Fine Licence cancelled and disqualified for a longer period (minimum periods increase with the BAC reading) Mandatory alcohol interlock Required to complete a behaviour change program
High	0.10-0.149g	Fine Licence cancelled and disqualified from 10 to 14 months (minimum periods increase with the BAC reading) Mandatory alcohol interlock Vehicle impoundment Required to complete a behaviour change program
In Excess of 0.15	0.15g +	Licence cancelled and disqualified for a minimum of 15–24 months depending on reading Mandatory alcohol interlock Possible term of imprisonment Term of imprisonment Vehicle impoundment Required to complete a behaviour change program

Note: Harsher penalties are imposed for subsequent offences (within 10 years). [6]

Are There Any Defences?

There are some avenues to defend your alleged drive with a prescribed concentration of alcohol charge which relate to the accuracy of your BAC reading. Positive roadside BAC tests are always backed-up by a subsequent test at the Police Station. Challenging the accuracy of the BAC reading is possible if there are major discrepancies between the roadside test and that taken at the Police station or if there are grounds to question the calibration of the breath analysis device. However, these defences are technical and difficult to establish. If the test was taken more than 3 hours after you operated a vehicle, the test cannot be used as evidence that you were intoxicated at the time of operating a motor vehicle.

You may also have a defence of a reasonable mistake relating to the charge.

We strongly recommend contacting an experienced criminal lawyer as soon as possible if you have been charged with a drink driving offence.

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[1] The Transport Legislation Amendment (Road Safety, Rail and Other Matters) Bill 2017 passed Parliament in December 2017. Bill given Royal Assent on the 19^th December 2017. The commencement provisions relating to the new penalties are yet to be proclaimed.
[2] Road Safety Act 1986 (Vic) s 49(1)(b).
[3] Road Safety Act 1986 (Vic) s 3.
[4] Road Safety Act 1986 (Vic) s 49(1)(c).
[5] Road Safety Act 1986 (Vic) s 49(1A).
[6] Road Safety Act 1986 (Vic) s 50AA.

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