Penalties for Drink Driving under the
Road Safety Act 1986 (Victoria)

 Drink Driving Homepage

The maximum penalties for drink driving are:

Your BAC* legal limit:

Your BAC Reading

First or Subsequent Offence?

Max Licence Loss Period

Max Fine

Max Prison

0.00%

0.010% to 0.059%

First *

6 months

$1,200.00

0

0.00%

0.010% to 0.059%

Subsequent

Indefinite

$2,500.00

3 months

Any limit

Over 0.059%

First

Indefinite

$1,200.00

0

Any limit

Over 0.059%

Subsequent

Indefinite

$2,500.00

3 months

Any limit

Refused test

First

Indefinite

$1,200.00

0

Any limit

Refused test

Subsequent

Indefinite

$2,500.00

3 months

Any limit

DUI *

First

Indefinite

$2,500.00

3 months

Any limit

DUI

Subsequent

Indefinite

$2,500.00

12 months

* BAC = Blood Alcohol Content
* DUI = Driving Under the Influence
* It is a first offence if you have not been found guilty of a drink driving offence in the past ten or more years.

Typical Sentencing outcomes:

Typical Outcomes
Plead Guilty
Plead not guilty
and lose
Plead not guilty
and win
Drivers Licence

Canceled for 10 months or more unless you qualify for a bond.

Canceled for 10 months or more unless you qualify for a bond.

Licence not affected.

Fines

First Offence: approx $350.00 to $750.00. Repeat offenders get bigger fines and possibly gaol.

First Offence: approx $400.00 to $850.00. Repeat offenders get bigger fines and possibly gaol.

No fines. No Gaol.

Typical Legal costs

$500.00 to $1,000.00

$1,000.00 to $3,000.00

Police pay legal costs.

Criminal Record

Prior offence recorded

Prior offence recorded

No criminal record.


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Sean Hardy