Roadside Alcohol Testing

In Victoria, drivers can be charged for a variety of drink driving offences. This relates to driving a vehicle with a blood alcohol concentration (‘BAC’) above the legal limit, it is a serious offence in the state of Victoria and penalties include mandatory and often lengthy licence disqualifications, a fine, a criminal record or even imprisonment in repeat and/or severe cases.

Typically, Victoria Police employ random breath testing on Victorian roads with the assistance of a breathalyser. In Victoria, the prescribed legal limit for a fully licensed driver over the age of 26 is under 0.05% BAC level and for provisional licensees the BAC level must not exceed 0.00%.

In Victoria, drink driving offences are prosecuted under the Road Safety Act 1986 (Vic). The penalties for drink driving offences in Victoria varies depending on factors such as:

• Age of the driver.
• Blood alcohol concentration (BAC) levels alleged.
• Type of license held by the driver.
• Whether this was a first or subsequent offence for drink driving.

The common offences an individual may face under the legislation in Victoria are:

• Driving a motor vehicle under the influence of intoxicating liquor or of any drug to such an extent as to be incapable of having proper control of the motor vehicle – section 49(1)(a).
• Driving a motor vehicle while the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in his or her blood or breath – section 49(1)(b).
• Refusal to undergo a preliminary breath in accordance section 54 when required under that section to do so – section 49(1)(c).

If you are caught drink driving in Victoria, in most cases your driver’s licence will be cancelled and disqualify you from driving for a minimum period. There are powers of the police which can be used to cancel your licence on the spot and impound your motor vehicle. If this occurs you should seek advice from a lawyer immediately.

Fully licensed drivers over 0.05% and under 0.07% BAC levels face a minimum licence disqualification period of three months while provisional drivers face a minimum licence disqualification of three three months for recording more than 0.00% but less than 0.05% BAC levels. This period of minimum disqualification will increase depending on the BAC level reading at the time of the offence and whether this was a first offence or subsequent offence.

Penalties range depending on the BAC level at the time of the offence. With the more severe charge under section 48(1)(a) accompanying a maximum penalty unit of 25 penalty units and three months imprisonment for a first offence and increasing for subsequent offences.

Courts have within their discretion, the ability to:

• place offenders on Community Corrections Orders
• have the offender’s motor vehicle fitted with an interlock device; and
• prescribe the condition that BAC levels must be at all times 0.00% while operating a motor vehicle with an interlocutory device fitted; and
• subject offenders to complete drink driving rehabilitation programs.

It is important to note that the penalties and discretion of the court vary in relation to the context and BAC level at the time of the offending.

In most cases, upon the disqualification period ending you can apply to have driver licence reissued, and you will be issued probationary licence. The probationary licence must be held at least 1 year, and you may be required to complete an online drink driving course or the repeat drink driving course and have an interlock device fitted to your vehicle for a prescribed period at your own expense.  

If you have been charged or are currently under investigation for a drink driving offence, at Nelson Brown Legal we are specialists in road traffic law.

We have the expertise and experience to represent and assist those facing a charge under the Road Safety Act 1986 (Vic). Contact us today for a confidential consultation and expert legal advice.

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