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First Drink Driving Offence in Victoria: What Happens to Your Licence and Do You Have to Go to Court?

First Drink Driving Offence in Victoria: What Happens to Your Licence and Do You Have to Go to Court?

Direct answer

A first drink driving offence in Victoria means losing your licence, from 3 months at the lowest reading up to 20 months or more at high readings. A lower-range first offence can be a penalty notice without court, but higher readings mean a court appearance. An interlock and a behaviour change program apply before you are relicensed.

This guide explains what happens with a first drink driving offence in Victoria, whether you go to court, how long you lose your licence, the interlock and behaviour change program, and how you get relicensed.

Written by

Lauren Tye

Principal Lawyer · Criminal Defence Lawyer

Legally reviewed by

Counsel

Independent legal review · September 2026

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Key takeaways

  • A first drink driving offence means losing your licence, with the period set by your reading.
  • Licence loss ranges from 3 months at the lowest reading to 20 months or more at high readings.
  • A lower-range first offence can be a penalty notice, while higher readings mean court.
  • An alcohol interlock and a behaviour change program apply before you are relicensed.
  • A first offence fine is usually up to 25 penalty units where it goes to court.
  • Higher readings, or a crash, can also mean vehicle impoundment.

Who this is for

Written for

  • People facing a first drink driving offence in Victoria
  • Anyone unsure whether they have to go to court
  • People wanting to understand the licence loss and interlock
  • Anyone worried about a criminal record from a first offence
  • People wanting to know how to get relicensed

Not a substitute for

  • Legal advice about a specific drink driving charge
  • Representation at court or on a plea
  • Advice on the likely outcome for your particular reading
  • Advice about a second or later offence
  • Advice about a drug driving or combined charge

Plain-English definitions

BAC

Blood alcohol concentration, the reading that largely sets the penalty.

Disqualification

The period you lose your licence and cannot drive.

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.

Penalty notice

An on-the-spot fine that resolves a matter without a court appearance.

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 driving offences.

Penalty unit

A fixed dollar amount set by the state and adjusted each year, used to express fines.

Legal process timeline

  1. 1

    The test

    Police test your breath and record a reading over the limit.

  2. 2

    The charge or notice

    You are charged, or issued a penalty notice for a lower-range first offence.

  3. 3

    Court, if required

    Higher readings mean a court appearance in the Magistrates' Court.

  4. 4

    The penalty

    The court sets a fine and confirms the licence loss.

  5. 5

    The disqualification

    You are off the road for the period set by your reading.

  6. 6

    The program and interlock

    You complete a behaviour change program and fit an interlock.

  7. 7

    Relicensing

    VicRoads relicenses you, usually with a zero BAC condition.

About this guide

Legal basis

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

How this guide was prepared

Drafted for people facing a first drink driving offence, based on the questions asked about licence loss and whether they have to go to court.

Important limits

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

  • Second or later drink driving offences
  • The precise outcome for your individual reading
  • Drug driving or combined drink and drug charges
  • The exact current dollar value of a penalty unit
  • Commercial or heavy vehicle rules

The outcome depends on your reading, your licence type, and whether the matter goes to court.

In-depth analysis

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 0.0693 months
0.07 to 0.0996 months
0.10 to 0.14910 months
0.15 to 0.19915 months
0.20 and over20 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.

Scenario-based guidance

If your reading was in the lowest range

You may receive a penalty notice without court, with a 3-month licence loss, so understand the interlock and program that still apply.

If your reading was higher

You will need to attend court, and the licence loss is longer, so get advice on the fine and any conviction.

If a crash was involved

The matter is more serious and your vehicle may be impounded, so early advice is important.

If you hold a learner or probationary licence

The limit is zero, so any alcohol reading is an offence, and the consequences still apply.

If you are worried about your record

Where the matter is in court, a considered plea can influence whether a conviction is recorded.

If you need to drive for work

Plan around the disqualification and interlock, because there is generally no way to avoid the licence loss.

Practical checklist

If you are facing a first drink driving offence:
  • Confirm your exact reading and what it means.
  • Find out whether your matter goes to court or is a penalty notice.
  • Get legal advice if the matter is going to court.
  • Understand the length of your licence loss.
  • Plan for the behaviour change program and interlock.
  • Note whether your vehicle has been impounded.
  • Where in court, make avoiding a conviction a goal.
  • Prepare your circumstances for the court.
  • Arrange alternative transport for the disqualification.
  • Follow the relicensing steps carefully.

Common mistakes

  • Assuming every first offence goes to court.
  • Underestimating the length of the licence loss.
  • Overlooking the interlock and behaviour change program.
  • Focusing only on the fine and not the licence.
  • Forgetting the zero BAC condition on relicensing.
  • Not getting advice when the matter is in court.
  • Assuming a low reading has no consequences.
  • Driving during the disqualification.
  • Missing the steps needed to be relicensed.
  • Leaving legal advice until the day of court.

Questions to ask your lawyer

  • What does my reading mean for my licence?
  • Do I have to go to court, or is it a penalty notice?
  • How long will I lose my licence?
  • What fine am I likely to face?
  • Will my vehicle be impounded?
  • Can I avoid having a conviction recorded?
  • What is involved in the interlock and program?
  • Is there a zero BAC condition afterwards?
  • How do I get relicensed?
  • What should I do before court?

Sources

Frequently asked questions

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. A higher reading means you must attend the Magistrates' Court. Either way, the licence loss, interlock, and behaviour change program still apply.

It depends on your reading. Licence loss starts at 3 months for the lowest first-offence reading and rises with your BAC, reaching 6 months at 0.07, 10 months at 0.10, 15 months at 0.15, and 20 months at 0.20 and over. A court can impose longer periods, and the licence loss is a mandatory consequence you cannot avoid.

After a drink driving offence, you must have an alcohol interlock fitted to your vehicle before VicRoads will relicense you. The interlock prevents the vehicle starting if it detects alcohol and stays fitted for a period. You must also complete a compulsory behaviour change program before being relicensed.

It depends on how the matter is dealt with. A penalty notice does not involve a court conviction, while a matter dealt with in court may result in a conviction being recorded. Where the matter is in court, a considered plea can influence whether a conviction is recorded, so it is worth getting advice.

Generally no. The licence loss is set by your reading and is a mandatory consequence of a drink driving offence, so there is usually no way to avoid it. The focus is instead on understanding the length, planning around it, and, where the matter is in court, protecting your record.

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.

What Happens at Your First Court Date?

Can You Avoid a Criminal Conviction in Victoria?

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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.