Drink and drug driving laws in Victoria

By the end of this topic you can

• You can state the BAC limit that applies to you and to your supervisor.
• You can explain why the morning after drinking is still risky.
• You can describe what happens at a random breath or drug test.
• You can outline the penalties for a first drink or drug driving offence.
• You can plan a safe way home before you go out.

What you need to know and understand

• Learner permit and P1 and P2 holders must have a BAC of 0.00.
• Zero BAC also applies to drivers with a Z or I licence condition, driving instructors, bus and taxi drivers, and drivers of trucks over 4.5 tonnes GVM.
• Most full licence holders, including supervising drivers, must be below 0.05.
• It is illegal to drink alcohol while driving or while sitting beside a learner as their supervisor.
• Police can breath test drivers at any time; refusing a breath, blood or saliva test is a serious offence.
• A learner or P driver caught with a BAC under 0.05 for a first offence loses their licence or permit and is disqualified for at least three months.
• Every drink driving offence now leads to a behaviour change program and an alcohol interlock for at least six months.
• Only time lowers your BAC. Coffee, showers, food or exercise do not.

What zero really means

Zero means no alcohol at all, not 'one small drink'. Alcohol can still be in your blood the next morning after a big night, so a P plater who drove to work after a party could fail a test. Many medicines can also affect your driving, so ask a doctor or pharmacist before driving on a new one.

Your BAC after drinking depends on your size, sex, how much you have eaten, how fast you drank and your health. Coin-operated breath testers are only a rough guide and cannot be relied on. If you are on Ls or Ps, the only safe rule is not to drink at all if you are going to drive.

Random testing and drug driving

Victoria Police run booze buses and random breath testing across the state, and can stop any driver. A positive roadside result leads to a second test on another instrument that can be used as evidence. Drivers taken to hospital after a crash must give a breath sample and, if asked, a blood sample.

Roadside drug testing uses a saliva sample, with a laboratory test to confirm a positive result. Driving with illegal drugs in your saliva or blood, or while impaired by any drug, is an offence. For a first drug driving infringement your licence or permit is suspended for six months, and you must complete a behaviour change program within the first three months or the suspension becomes a cancellation.

What a first offence costs a new driver

Higher readings, repeat offences and refusals bring longer bans, court and possible jail. Our guide to Victoria demerit points, penalties and legal responsibilities explains the wider penalty system.

• a fine
• loss of your learner permit or licence, with disqualification of at least 3 months (BAC under 0.05) or at least 6 months (0.05 to under 0.07)
• a compulsory drink driver behaviour change program
• an alcohol interlock fitted to any car you drive for at least six months
• a zero BAC condition for at least three years after you get your licence back
• if you were on Ps, starting your probationary period again

Common mistakes

• Driving the morning after heavy drinking. Wait until you are sure your BAC is zero, or get a lift.
• Thinking a supervising driver can drink freely. They must stay below 0.05 and must not drink while supervising.
• Mixing alcohol with medicines or energy drinks, which hides how affected you really are.
• Leaving the plan for getting home until after you have started drinking.

Test yourself: Drink and drug driving laws in Victoria

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• Victoria Demerit Points for P Plates
• Driving with Trams in Victoria
• Learning to Drive in Victoria