Key points
- Full licence holders must be under 0.05. Learner and probationary drivers, and some professional drivers, must have zero alcohol.
- Most drink-driving offences lead to licence cancellation for a minimum period.
- Higher readings and repeat offences go to court, with longer minimum disqualification periods.
- To get your licence back, you’ll generally need to complete a behaviour change program and have an alcohol interlock fitted.
Blood alcohol limits
- Full licence: your blood alcohol concentration (BAC) must be under 0.05.
- Learner and probationary drivers, and some professional drivers such as taxi and heavy vehicle drivers: zero BAC.
What happens at the roadside
If you return a positive preliminary breath test, you’ll usually be asked to do an evidentiary breath test. Depending on the reading and your licence type, police may issue an infringement notice, or charge you and summons you to court. For higher readings, your licence can be suspended immediately, and in some cases your vehicle can be impounded.
Lower readings: infringement notices
For some first offences with lower readings, police may issue an infringement notice. This usually comes with a fine and a licence cancellation for a minimum period. You can choose to pay the infringement or have the matter heard in court. Get advice before deciding, as the consequences of each option can differ.
Higher readings and repeat offences: court
Higher readings (generally 0.10 and above), repeat offences, and other aggravating factors are dealt with in the Magistrates’ Court. The law sets minimum disqualification periods that increase with the reading, and they’re longer for repeat offences. A magistrate can extend disqualification but can’t reduce the minimum. Serious cases can result in imprisonment.
Getting your licence back
After cancellation, you generally need to:
- wait out the minimum disqualification period;
- complete a behaviour change program; and
- have an alcohol interlock fitted to any vehicle you drive, for a minimum period, at your own cost.
Most drivers now apply to VicRoads for a new licence. Some must apply to the court, depending on the offence. If you’re refused a licence without an interlock condition, you may be able to appeal.
Why get advice
A lawyer can check whether the testing procedures were followed, explain your options for pleading, and prepare a plea that presents your circumstances, such as your work and family needs, to the magistrate. If your licence is critical for your job, get advice before you pay any infringement.
How we can help
Asher Freeman Lawyers helps drivers across Victoria with traffic matters, including drink and drug driving, licence cancellations, interlock conditions and licence restoration. See also our guide to demerit points and licence suspension.
Frequently asked questions
What is the drink-driving limit in Victoria?
Under 0.05 for full licence holders, and zero for learner, probationary and some professional drivers.
Will I lose my licence for a first drink-driving offence?
Usually, yes. Most drink-driving offences result in licence cancellation for a minimum period, even for first offences.
Do I need an alcohol interlock?
Generally, yes. After a drink-driving cancellation, most drivers need to complete a behaviour change program and have an interlock fitted to get a licence.
Can a magistrate reduce my disqualification period?
No. A magistrate can extend disqualification but can't reduce the minimum period set by law.
This article is general information about Victorian and Australian law as at 10 October 2026. It is not legal advice. Contact us for advice about your situation.
