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Charged With Drink and Drug Driving in Victoria: What Happens to Your Licence?

Charged With Drink and Drug Driving in Victoria: What Happens to Your Licence?

Direct answer

Drink and drug driving are two separate offences in Victoria, so being charged with both means two sets of consequences. Each carries its own licence loss, and the disqualifications can add up, meaning a longer total time off the road, plus an interlock and both behaviour change programs before you are relicensed.

This guide explains what happens to your licence when you are charged with both drink and drug driving in Victoria, whether they are treated as one offence or two, how the disqualifications combine, the programs and conditions, and what to expect in court.

Written by

Lauren Tye

Principal Lawyer · Criminal Defence Lawyer

Legally reviewed by

Counsel

Independent legal review · September 2026

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Key takeaways

  • Drink and drug driving are two separate offences, each with its own consequences.
  • Being charged with both means two sets of penalties and licence loss.
  • The disqualifications can add up, meaning a longer total time off the road.
  • An alcohol interlock and both behaviour change programs can apply before relicensing.
  • A combined charge is more serious and usually means a court appearance.
  • A zero BAC condition generally applies when you are relicensed.

Who this is for

Written for

  • People charged with both drink and drug driving in Victoria
  • Anyone unsure how the two charges combine
  • People worried about the total licence loss
  • Anyone wanting to understand the programs and conditions
  • People wanting to know what to expect in court

Not a substitute for

  • Legal advice about a specific combined charge
  • Representation at court or on a plea
  • Advice on the likely total outcome for your facts
  • Advice about a single drink or drug driving charge
  • Advice about driving while impaired, which is separate

Plain-English definitions

Drink driving

Driving with a blood alcohol concentration over the limit.

Drug driving

Driving with an illicit drug present in your system.

Disqualification

The period you lose your licence and cannot drive.

Cumulative

Where two disqualifications are served one after the other, lengthening the total.

Alcohol interlock

A device fitted to your vehicle that prevents it starting if it detects alcohol.

Behaviour change program

A compulsory program you must complete before being relicensed.

Zero BAC condition

A requirement to drive with no alcohol for a period after relicensing.

Section 49

The provision of the Road Safety Act 1986 that covers drink and drug driving offences.

Legal process timeline

  1. 1

    The testing

    Police test your breath and your oral fluid, and both return a positive result.

  2. 2

    The charges

    You are charged with both drink and drug driving.

  3. 3

    The court date

    A combined matter usually means a court appearance.

  4. 4

    The penalties

    The court sets the penalties for each offence.

  5. 5

    The licence loss

    The disqualifications are imposed and may run cumulatively.

  6. 6

    The programs

    You complete both behaviour change programs and fit an interlock.

  7. 7

    Relicensing

    You are relicensed, usually with a zero BAC condition.

About this guide

Legal basis

This guide is based on the drink and drug driving offences in the Road Safety Act 1986 (Vic), the disqualification periods for each, and the interlock and behaviour change program requirements.

How this guide was prepared

Drafted for people charged with both drink and drug driving, based on the questions asked about the combined effect on their licence.

Important limits

This article does not cover every situation. It does not specifically deal with:

  • A single drink or drug driving charge on its own
  • The precise total outcome for your individual facts
  • Driving while impaired, which is a separate offence
  • The exact current dollar value of a penalty unit
  • Commercial or heavy vehicle rules

The outcome depends on your readings, whether the disqualifications run cumulatively, and how the matter is presented.

In-depth analysis

What a Combined Drink and Drug Charge Means

What does being charged with both mean?

It means you face two separate offences at once. Drink driving and drug driving are dealt with under different parts of the law, so a positive breath test and a positive oral fluid test produce two charges, each with its own penalty. Understanding what a charge involves helps you see how two charges are dealt with together.

The significance is that the consequences do not merge into one. You are not simply penalised once, but face the licence loss and requirements attached to each offence, which is why a combined charge is more serious than either alone.

Are they treated as one offence or two?

Two. Because drink driving is based on your alcohol reading and drug driving on the presence of a drug, they are distinct offences with distinct penalties. The court deals with both, and each carries its own disqualification and requirements, unlike a single charge such as a careless driving charge.

This is the key point people miss. Being over the alcohol limit and having a drug present are two different things the law treats separately, so the outcome reflects both, not just the more serious of the two.

What Happens to Your Licence

How do the disqualifications combine?

They can add up. Each offence carries its own minimum licence loss, and where the disqualifications are ordered to run cumulatively, the total time off the road is longer than for either offence alone. The table below shows how the two combine.

OffenceIts own consequence
Drink drivingLicence loss set by your BAC, plus interlock
Drug drivingLicence loss for the drug offence, plus program
Combined effectThe losses can run one after the other, lengthening the total

How the periods combine is a matter for the court, and it is one of the most important issues in a combined case. Because the total can be substantial, it is worth understanding and, where possible, addressing how the disqualifications are structured.

What programs and conditions apply?

The requirements of both offences. Before you are relicensed, you may need to complete the behaviour change program for each offence, have an alcohol interlock fitted for the drink driving matter, and comply with a zero BAC condition. Transport Victoria’s drink driving penalties guidance sets out the alcohol requirements.

These requirements stack because there are two offences. That makes getting relicensed after a combined charge more involved than after a single one, so it helps to understand all the steps from the start.

What Should You Do About a Combined Charge?

Will you have to go to court?

Usually, yes. A combined drink and drug driving charge is more serious than a single low-range matter, so it generally means a court appearance rather than an infringement notice. As Victoria Legal Aid explains for drink driving, higher-level and combined matters are dealt with in the Magistrates’ Court.

Because it is in court, how the matter is run affects the outcome. The total licence loss, the fines, and whether a conviction is recorded are all in play, so preparation and presentation matter, even though the licence consequences are largely set by the offences.

What should you do if you are charged with both?

Get advice early, because the combined consequences are significant. Understanding how the two charges interact, how the disqualifications may combine, and what you can influence is where legal advice adds real value, and our work on driving and traffic charges focuses on the total outcome.

From there, the steps are practical: understand both charges, plan for the licence loss and programs, and, where the matter is in court, prepare your circumstances. A conviction affects your record after a conviction, so it is worth handling a combined charge as carefully as its seriousness warrants.

That is far more care than you would give a licensing matter like phone use while driving.

Scenario-based guidance

If both tests came back positive

You face two separate offences, so expect two sets of consequences and get advice early.

If you are worried about the total licence loss

Ask how the disqualifications may combine, because how they are structured affects the total.

If your alcohol reading was high

The drink driving licence loss is longer, so the combined total can be substantial.

If you need to drive for work

Plan around a longer total loss, because there is generally no way to avoid it.

If you are worried about your record

A considered plea can influence whether a conviction is recorded, so make it a clear goal.

If it is your first offence for both

The consequences still stack, so treat the combined charge seriously and get advice.

Practical checklist

If you are charged with both drink and drug driving:
  • Get legal advice as early as possible.
  • Confirm your alcohol reading and the drug detected.
  • Understand that these are two separate offences.
  • Ask how the disqualifications may combine.
  • Plan for both behaviour change programs.
  • Expect an alcohol interlock for the drink driving matter.
  • Note the zero BAC condition on relicensing.
  • Where in court, make avoiding a conviction a goal.
  • Arrange transport for a longer total licence loss.
  • Attend every court date.

Common mistakes

  • Assuming the two charges merge into one penalty.
  • Underestimating the combined licence loss.
  • Overlooking that both programs may apply.
  • Forgetting the interlock for the drink driving offence.
  • Not asking how the disqualifications combine.
  • Focusing only on the more serious of the two charges.
  • Treating a combined charge as a single matter.
  • Not getting advice for a court appearance.
  • Driving during the disqualification.
  • Leaving legal advice until the day of court.

Questions to ask your lawyer

  • Am I charged with two separate offences?
  • How will the disqualifications combine?
  • What is my likely total time off the road?
  • Which programs will I need to complete?
  • Will I need an alcohol interlock?
  • Is there a zero BAC condition afterwards?
  • Do I have to go to court for both?
  • Can I avoid having a conviction recorded?
  • What can we influence about the outcome?
  • What should I do before court?

Sources

Frequently asked questions

Two. Drink driving is based on your alcohol reading and drug driving on the presence of a drug, so they are distinct offences with distinct penalties. Being charged with both means the court deals with each separately, and each carries its own licence loss and requirements, rather than the two merging into one.

It depends on both readings and how the court structures the disqualifications. Each offence carries its own minimum licence loss, and where they run cumulatively, the total time off the road is longer than for either alone. This combined total is often the most significant consequence of a combined charge.

Usually, yes. A combined charge is more serious than a single low-range matter, so it generally means a court appearance in the Magistrates' Court rather than an infringement notice. Because it is in court, how the matter is run affects the fines, the total licence loss, and any conviction.

Often, yes. Because there are two offences, the requirements of each can apply, so you may need to complete the behaviour change program for the drink driving offence and the one for the drug driving offence, have an interlock fitted, and comply with a zero BAC condition before you are relicensed.

Generally no. The licence loss for each offence is largely mandatory, so there is usually no way to avoid it. What can be influenced is how the matter is run in court, including the total structure of the disqualifications where the court has a discretion, the fines, and whether a conviction is recorded.

Authorship

Written by

Lauren Tye

Principal Lawyer, Lauren Tye Legal
Criminal defence lawyer practising in Victorian criminal matters. Lauren advises and appears in matters across Victorian courts, including bail, pleas, contested hearings, diversion, and sentencing.

Legally reviewed by

Senior Counsel

Independent legal review · September 2026
Criminal defence lawyer practising in Victorian criminal matters. Lauren advises and appears in matters across Victorian courts, including bail, pleas, contested hearings, diversion, and sentencing.

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Need Advice on Your Specific Situation?

The information on this page is general and is not legal advice. Speak with a criminal defence lawyer about your matter before making decisions about police, court, bail, plea, or prosecution.