Victoria drink driving: compare your notice, ban and licence-return steps

Start with the document you received

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Several documents can apply to the same incident. Keep them together and act on the earliest required step. Paying a fine does not by itself restore a licence.

The alcohol limit and the exact offence matter

The Road Safety Act 1986 sets the ordinary prescribed concentration at 0.05 grams of alcohol per 100 ml of blood or per 210 litres of breath. Ordinary drivers must be below that concentration. Section 52 imposes zero-alcohol requirements on specified drivers, including learners, probationary drivers, certain heavy-vehicle and bus drivers, commercial passenger drivers while operating the relevant service, paid instructors and drivers with relevant conditions. Check the official alcohol-limit guide against your actual licence and driving activity.

Driving under the influence to the statutory degree, exceeding the prescribed concentration, refusing a preliminary test and refusing evidential testing are different allegations. A low reading does not answer every possible charge, and refusal is not a way to avoid licence consequences. Read the section and paragraph on the charge or notice.

Keep the driving and testing times, both evidential readings where provided, test certificates, police directions and relevant medical information. Testing and evidentiary provisions have detailed conditions and exceptions. There is no safe general rule that a test after three hours automatically defeats every charge, or that a medical explanation automatically excuses refusal. Do not select a plea from an online checklist.

Ask for legal advice about the evidence and actual allegation. Relevant prior history also requires checking: the ten-year deeming rule for specified disqualification provisions is not a general promise that an old conviction is ignored for every maximum penalty or licensing decision.

Selected minimum bans: infringement and court are different

These are selected ordinary alcohol-concentration cases under sections 50, 50AA and 89C and Schedule 1 of the current authorised Act. They are minimum disqualification periods, not the fine, total time before unrestricted driving or a prediction of sentence. The court can impose more. Exact offence, prior history, licence category and offence date matter; special statutory cases and historical offences need individual checking.

For the first-infringement exception below, age 26 is included. The person must be 26 or older and section 52 must not apply. A person outside that exception should not assume a three-month outcome. The repeat column uses the relevant statutory prior-offence rules, not a casual count of every traffic ticket.

For an ordinary first excess-concentration offence under section 49(1)(b), (f) or (g), the court maximum fine is 20 penalty units. The 2026–27 official penalty-unit notice sets a unit at $209.10, making that maximum $4,182. This is not the infringement amount or the usual fine. DUI, refusal, repeat offences and other charges have different maxima; some expose a person to imprisonment. Check the amount and payment instructions on an actual notice.

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This is a selected comparison, not the full Schedule 1. In ordinary qualifying DUI/refusal cases, section 50(1B) generally requires at least two years for a first offence and four years for a subsequent offence. Those are different branches from the concentration table. Existing immediate-suspension time may count under the legislation; do not simply add or subtract periods without checking the order.

Check the trigger before counting the days

The Road Safety Act and Criminal Procedure Act 2009 create different procedures. The table identifies selected ordinary adult routes. It is not a single deadline for every challenge. Use the notice and court registry to confirm filing, service, form and any other required steps. A private consultation does not preserve time.

Immediate suspension can arise for specified allegations, including a full-licence reading of 0.10 or more, a learner/probationary reading of 0.07 or more, relevant refusals and qualifying repeat cases. Charge-based and infringement-certificate routes have different duration rules. The certificate route has statutory limits and ending events; saying every suspension simply lasts until court is too broad.

A valid infringement objection does not itself cancel an immediate suspension already imposed. Likewise, lodging a sentence appeal does not automatically stay a licence cancellation, suspension or disqualification: section 29 preserves a separate power for the court that made the order. Do not drive without an effective permission and the necessary licence entitlement.

An ordinary County Court appeal can expose a person to a more severe sentence. Late leave has demanding conditions, including exceptional circumstances and no material prejudice; do not rely on getting an extension. Specialist judicial-registrar, absence, Children’s Court or other appeal routes require separate advice. See the court appeal guide.

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Return to driving in stages: course, licence, then interlock removal

A cancelled licence does not return automatically when the disqualification ends. Confirm the end date and the requirements in your licensing letter. Under the current Drivers Regulations and sections 58C–58E, the required first stage of the Behaviour Change Program must be completed before relicensing. An intensive program and a further stage apply to specified cases; not everyone has identical requirements.

Use the official relicensing steps: obtain and complete the installation certificate, use an approved interlock supplier, retain its signed certificate, register for the Alcohol Interlock Management System and follow the licensing instructions. Arrange lawful transport to installation; an appointment does not permit unlicensed driving. Keep course certificates, installation papers and all licence correspondence.

For modern ordinary first drink-driving cases, the interlock condition generally lasts at least six months after licence grant. Specified second ordinary offences below 0.15 generally require 12 months; other repeat branches can require four years. The statutory category and relevant prior-history date matter. These periods follow disqualification and do not replace it. A separate zero-alcohol condition can continue after the interlock is removed.

Elapsed time alone does not remove the condition. Section 50AAAB requires the appropriate application and completion criteria, including relevant usage/data and any required further program stage. Unlicensed or suspended time is not automatically qualifying participation. Follow the official removal procedure and obtain approval before arranging removal or driving without the device.

A medical condition that prevents a person from using an alcohol interlock has a specific application route to the Secretary under section 50AAAD. The application requires a report from an appropriate specialist detailing the relevant medical condition and lung capacity, and compliance with the other application requirements. It is not a general court exemption for cost, work or living remotely. Ask about the actual statutory medical route before assuming an exemption is available.

A disputed failed-start or test result may involve the particular court-direction procedure in section 50AAAC, with advance notice and statutory evidence requirements. That is different from asking for internal review of a refusal to remove the condition. Preserve the complete AIMS record, notices, dates and supporting evidence; do not treat every interlock problem as a 28-day sentence appeal.

Budget for separate costs and ask about free advice

The fine is only one possible cost. Ask separately about court expenses, licence fees, the required Behaviour Change Program, interlock installation, regular servicing and removal, and legal work. Program and supplier charges vary. Get a written description of what is included and what happens if participation lasts longer.

Victoria Legal Aid’s Legal Help service is available on 1300 792 387, Monday–Friday 8 am–6 pm excluding public holidays. General information is free; personalised advice and further assistance depend on the service and eligibility. Contact Help Before Court as early as possible with your charge papers and hearing date.

Duty assistance is not guaranteed representation for every drink-driving case. The duty-lawyer guidelines distinguish custody, bail, charge type, financial criteria and other needs. Straightforward first or second drink-driving/refusal cases may receive advice without court representation. Ask what help is actually available before the hearing.

Keep income, benefit, assets, dependants and expense information if applying for assistance or explaining ability to pay. A financial-hardship enquiry concerns payment or funding; it does not lift a licence restriction or change an appeal deadline.

A finding without conviction does not remove every consequence

Section 59 of the Criminal Procedure Act excludes offences under section 49(1) of the Road Safety Act from the ordinary diversion procedure. Do not rely on general claims that a first drink-driving matter can always be diverted. A finding of guilt without a recorded conviction can still trigger mandatory licensing consequences.

The Spent Convictions Act 2021 has qualified immediate-spent categories and waiting-period categories. The order, attached conditions, age, sentence and later offending matter. A licensing authority or court can still use relevant information under exceptions. Neither “permanent criminal record in every case” nor “no conviction means no consequences” is a reliable summary.

Ask about the actual court order and the particular employment, insurance, visa or disclosure question you need to answer. The VLA spent-convictions guide explains the scheme generally. This page does not determine a foreign country’s entry rules or every occupational disclosure exception.

Seven things to prepare before seeking advice

1. Gather the complete infringement, immediate-suspension notice, charge and summons, court orders and licensing letters. Record each printed date, receipt date and required response.
2. Write down your licence category and conditions, age at the offence, actual driving activity and whether you hold an interstate or overseas licence. Keep a copy of the licence record.
3. Keep breath/specimen results and a factual chronology of driving, stopping, tests, directions and medical circumstances. Separate your recollection from what the documents say.
4. Obtain the relevant previous conviction and disqualification history, with offence, conviction and licence-application dates where available. Do not assume one ten-year rule applies everywhere.
5. Identify the decision you need advice on: infringement objection, plea/evidence, immediate suspension, sentence appeal/stay, or licensing/interlock review. Highlight the earliest possible deadline.
6. For court preparation, bring the prosecution material available to you, financial details, any genuine supporting references and course records. Ask what else is appropriate before submitting material.
7. For relicensing or interlock problems, bring course and installation certificates, AIMS data, notices, medical evidence if relevant and the proposed transport arrangements. Confirm lawful driving entitlement before driving.

Taking these papers to a lawyer can make advice more useful. Do not delay an urgent filing or attendance requirement while collecting a perfect bundle. A lawyer must assess the actual facts and current law.

Official help and free legal information

Free information, legal advice and representation are different services. Contact the appropriate service early and confirm eligibility and availability.

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