What a First Drink Driving Offence Means
What counts as a first drink driving offence?
Driving with a blood alcohol concentration over the limit, with no prior drink driving history. The limit is generally 0.05 for a full licence and zero for learner and probationary drivers, and the reading you record largely sets what follows. Understanding going through the court process helps where the matter is dealt with in court.
The consequences are built around the reading. A low first reading is treated very differently from a high one, so the first thing to establish is exactly what your BAC was and what that means for the licence loss and process.
Do you have to go to court?
Not always. A lower-range first offence, around 0.05 to 0.069 for a full licence, can often be dealt with by a penalty notice without a court appearance, while a higher reading means you must attend the Magistrates’ Court. The higher the reading, the more serious the matter, similar to how when speeding becomes criminal turns a fine into a court matter.
Where court is required, how the matter is run still matters. The fine, whether a conviction is recorded, and how your circumstances are presented all remain in play, even though the licence loss is largely fixed by the reading.
What Happens to Your Licence
How long will you lose your licence?
It depends on your reading. The disqualification period rises with your BAC, starting at 3 months for the lowest first-offence reading and increasing steeply for higher readings. The table below sets out the first-offence periods.
| BAC (first offence) | Minimum licence loss |
| 0.05 to 0.069 | 3 months |
| 0.07 to 0.099 | 6 months |
| 0.10 to 0.149 | 10 months |
| 0.15 to 0.199 | 15 months |
| 0.20 and over | 20 months |
These are minimum periods, and a court can impose longer. The licence loss is often the most significant consequence of a first offence, well beyond the fine, which is why understanding your reading is so important.
What is the alcohol interlock and behaviour change program?
Two mandatory steps before you can drive again. After the disqualification, you must complete a behaviour change program and have an alcohol interlock fitted to your vehicle before VicRoads will relicense you. Transport Victoria’s drink driving penalties guidance sets out these requirements.
The interlock prevents the vehicle starting if it detects alcohol, and it stays fitted for a period. Together with a zero BAC condition on relicensing, these steps mean the impact of a first offence continues well after the disqualification ends.
Can You Reduce the Impact?
What fines and other penalties apply?
A fine, and in some cases more. Where a first offence goes to court, the magistrate usually imposes a fine of up to 25 penalty units, on top of the licence loss. Where your reading was 0.10 or higher, or a crash was involved, your vehicle may also be impounded for a period.
The fine is often not the main concern. The licence loss, interlock, and program have a larger practical impact, so the focus is usually on the licence outcome and, where the matter is in court, on avoiding a recorded conviction where possible, which affects your criminal record afterwards.
How do you get your licence back?
By completing the required steps. Once your disqualification ends, you complete the behaviour change program, have the interlock fitted, and apply to VicRoads to be relicensed, usually with a zero BAC condition for a period. This process is more involved than for many other driving matters, such as careless or dangerous driving.
Our work on driving and traffic charges helps you understand the licence path and, where the matter is in court, run it to protect your record. Knowing the steps in advance makes getting back on the road as smooth as possible.
