Victoria Drink Driving Penalties: Fines, Disqualification & Interlock

Victoria has no statutory low, mid or high drink driving band. The Road Safety Act 1986 (Vic) sets a separate minimum licence disqualification for every 0.01 gram increment of blood alcohol content, and an alcohol interlock is now mandatory for essentially every current drink driving conviction.

Which law applies and how the offence is structured

Victoria's drink and drug driving offences and penalties sit in Part 5 of the Road Safety Act 1986 (Vic), titled "Offences involving alcohol or other drugs." The core offence, in section 49(1)(b), is driving or being in charge of a motor vehicle while the prescribed concentration of alcohol (PCA) is present in blood or breath. Section 3(1) defines PCA as 0.05 grams per 100 millilitres of blood, or 0.05 grams per 210 litres of breath, for general licence holders. Section 52 sets a zero-BAC "special driver" class covering learner permit holders, P1 and P2 probationary licence holders, drivers with a Z condition on their licence, and (per Transport Victoria's tables) full-licence holders under 26 in the 0.05 to under 0.07 band.

This matches the 0.05 general limit used across every Australian jurisdiction. For the BAC bands themselves rather than the penalty structure, see Australia's drink driving limits by state.

The consolidated Act text used for this page is the current Authorised Version No. 236 (effective 15 April 2026). Check the current in-force version on legislation.vic.gov.au before relying on drafting-level detail for a matter in progress.

Why Victoria doesn't use a low, mid, high band structure

Unlike some other states, the Road Safety Act does not define "low-range," "mid-range" or "high-range" as legal terms. Instead, Schedule 1 to the Act ("Minimum disqualification periods," referenced by sections 50(1A), 50 and 89C) sets a separate minimum disqualification period for every 0.01 gram BAC increment, running in 20 discrete rows from "less than 0.05" up to "0.24 or more":

This is a condensed version of the full 20-row schedule; the middle rows continue climbing by one month of disqualification per 0.01 gram increment on each side. Transport Victoria's own consumer summary compresses the same schedule into ranges such as "10 to 14 months" for 0.10 to under 0.15 and "15 to 24 months" for 0.15 and above. A "low, mid, high" description of Victoria's penalties is reader-facing shorthand only, and it simplifies a statutory table that is actually far more granular.

Schedule 1 applies to the plain PCA offence only. Combined alcohol-and-drug offences under section 49(1)(bc) and (j) are disqualified under a separate, harsher table, Schedule 1AB (via section 50(1AD)) - for example, a BAC under 0.07 combined with a drug carries a 12-month first-offence / 24-month subsequent-offence minimum disqualification, against Schedule 1's comparable 6-month / 12-month minimum for alcohol alone at that BAC.

Fines: statutory maximums, not what most people pay

Transport Victoria's public penalty pages do not list dollar fines for the alcohol offences; they state only that a fine applies. The statutory maximum fines are set out directly in section 49(2) to (3AAB) of the Act, and they are court-imposable ceilings, not fixed amounts:

The penalty unit value used above, $209.10, applies for the 2026-27 financial year (1 July 2026 to 30 June 2027) under the Monetary Units Act 2004, published by the Victorian Department of Treasury and Finance. These are ceilings the court "may" impose, not typical sentences, and courts routinely impose less.

A detail worth stating plainly: the statutory cap for a first PCA offence under section 49(2A)(a) is a flat 20 penalty units regardless of BAC - the section itself carries no BAC ceiling at all, and a first-time offender at 0.20 faces the same 20-PU cap as one at 0.06. The BAC-graduated split between under-0.15 and 0.15-or-above only begins at the second-offence subsection, section 49(2A)(b). Escalation for a first offence lives almost entirely in the disqualification period set by Schedule 1, not in the fine ceiling.

On-the-spot infringement, low BAC band. Since a 30 April 2018 reform, police can issue an on-the-spot infringement notice rather than charge a full-licence driver in the lowest band (0.05 to under 0.07, driver 26 or over). The infringement carries a 3-month disqualification, against at least 6 months if the matter goes to court. No fixed dollar amount for this infringement has been published by Transport Victoria or Fines Victoria; treat it as a separate, lower, unconfirmed figure rather than assuming it equals the court maximum above.

Immediate or roadside licence action

Transport Victoria states plainly that police can take a driver's licence or learner permit away immediately if they charge the driver with certain drink or drug driving offences, and it is not returned until the case is decided in court. The existence of this power is confirmed directly by Transport Victoria's own guidance.

Section 85(3) of the Act (Part 6B, inserted by Act No. 6/2020) states the exact thresholds: a full licence holder is subject to immediate suspension at a BAC of 0.10 or above, while a learner permit or probationary licence holder is subject to it at a BAC of 0.07 or above, for offences under section 49(1)(b), (bc), (f), (g) or (j). There is no BAC threshold at all for a refusal offence or for a charge that would itself be a repeat offence; section 85A extends the same no-threshold immediate suspension to drug-impairment and drug-refusal offences.

Vehicle impoundment

Part 6A of the Road Safety Act 1986 ("Impoundment, immobilisation and forfeiture of motor vehicles") lets police seize and impound a vehicle immediately for 30 days where the driver's BAC was 0.10 grams or more per 100 millilitres of blood, or 0.10 grams or more per 210 litres of breath, under section 84F(1); section 84C(1) defines that 30-day "designated period" and the 0.10 BAC "relevant offence" threshold section 84F relies on. This matches Transport Victoria's own description of the power. A second relevant offence within 6 years escalates the sanction: section 84S(1) requires a court to order impoundment or immobilisation for 45 days, extendable up to 3 months, or forfeiture. A third or later relevant offence within 6 years can mean a court orders forfeiture to the Crown under section 84T(1).

Alcohol interlock: mandatory for nearly every offence

Schedule 1B to the Act sets out which offence categories carry a mandatory alcohol interlock condition, and the current rows cover essentially every offence type:

• A first PCA offence under section 49(1)(b), (f) or (g) at any BAC below 0.15, committed on or after 1 October 2014, is mandatory, minimum 6 months.
• A second or subsequent PCA offence on or after 11 October 2006 is mandatory, minimum 6 months if BAC is under 0.15, rising to 4 years if 0.15 or above.
• Combined alcohol and drug offences under section 49(1)(bc) or (j) on or after 1 August 2015 are mandatory, at 6 months for a first offence, 12 months for a second offence under 0.15, and 4 years for a second offence at 0.15 or above or a third or later offence.
• Impairment and refusal offences under section 49(1)(a), (c), (d) or (e) on or after 11 October 2006 are mandatory, 6 months for a first offence and 4 years otherwise.
• Serious offences under section 89(1) of the Sentencing Act 1991 with an alcohol or drug finding, on or after 1 October 2014, are mandatory at 6 months, escalating for later items in the schedule.

Older, pre-2014 rows in Schedule 1B carried an exemption reference ("Mandatory, subject to section 50AAAE"). Current-law rows read plainly "Mandatory" with no such carve-out, which is why older summaries describing an exemptible regime were describing pre-2014 law, not the law that applies today. The interlock condition itself is imposed by court order under section 50AAA, which sets the mechanism for directing the condition rather than a BAC figure; the BAC-based trigger for which offences carry the mandatory condition is set out in Schedule 1B, not in section 50AAA's own text.

Getting your licence back after an interlock period. An approved supplier installs the device and signs an installation certificate. The driver then registers on the Alcohol Interlock Management System (AIMS) portal, which logs usage data, and must complete the mandatory Behaviour Change Program before applying to have the condition removed once program guidelines are met. Not driving for six months or more during the interlock period resets the usage-data clock, which restarts the qualifying period. After the interlock condition is removed, a zero-BAC condition applies for at least three years, and can extend for up to six years in total when combined with the zero-BAC period that runs alongside the interlock itself.

Drug driving: two different offences

Victoria treats drug detection and drug impairment as two separate offences, each with its own penalty scale under section 49:

Presence offence (roadside oral fluid test for THC, methamphetamine or MDMA), section 49(1)(bb). First offence by infringement notice: 3 penalty units (about $627), 6-month licence suspension, and completion of the Behaviour Change Program within 3 months or cancellation follows. First offence by court: up to 12 penalty units (about $2,509), cancellation of 6 months or more, and a zero-BAC condition for 3 years. Second offence: up to 60 penalty units (about $12,546), cancellation of 12 months or more. Third or later offence: up to 120 penalty units (about $25,092), cancellation of 12 months or more.

Impairment offence (impaired by a drug, following an assessment and blood or urine test), section 49(1)(ba). First offence: up to 12 penalty units, cancellation of 12 months or more, zero-BAC condition for 3 years. Second offence: up to 120 penalty units or 12 months imprisonment, cancellation of 2 years or more. Third or later offence: up to 180 penalty units or 18 months imprisonment, cancellation of 2 years or more.

Medicinal cannabis. From 1 March 2025, magistrates have discretion over whether to cancel the licence of a driver who tests positive for THC while using prescribed medicinal cannabis. This discretion applies to licence cancellation only. It does not exempt a driver from the presence offence itself; a positive oral fluid test for THC is still an offence under section 49(1)(bb) whether or not the cannabis use was prescribed.

Refusing a test

Refusal offences under section 49(1)(c), (ca), (d), (e) and (ea) sit in the same penalty group as drug-impaired driving (12 penalty units for a first offence, 120 penalty units or 12 months imprisonment for a second, 180 penalty units or 18 months for a third or later), which is a structurally different, lower fine provision than the section 49(2A) tier that applies to a PCA offence at 0.15 or above. For disqualification and interlock purposes, refusal and impairment offences under section 49(1)(a), (c), (d) and (e) carry a flat, BAC-independent minimum disqualification of 2 years for a first offence and 4 years for a subsequent offence, under section 50(1B), not a BAC-graduated table. That flat minimum is at or above the top BAC tier's own minimum at every point on Schedule 1, so treating refusal as at least as harsh as the top tier is accurate for disqualification, but it overstates the position on fines, where refusal sits in a lower-ceiling provision than the section 49(2A) tier that applies to a PCA offence at 0.15 or above.

Court process

Matters not resolved by an on-the-spot infringement go to the Magistrates' Court of Victoria, which can disqualify a driver for up to five years. Where sources refer to "section 89" disqualification, this is section 89 of the Sentencing Act 1991 (Vic), not a section of the Road Safety Act itself; the Road Safety Act's own operative disqualification and interlock sections are section 50 (cancellation and disqualification) and section 50AAA (interlock).

For other Victorian road law topics, see the Australia driving laws hub and Victoria's demerit points system.