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Drinking while driving

Information about the offence of drinking alcohol while a person is driving a motor vehicle.

It is an offence to drive a motor vehicle while drinking alcohol. For this offence it is not necessary to prove that the driver BAC was over the limit. It is merely the act of drinking while driving that creates the offence.

A similar offence has been created for drivers who are supervising a learner.

See Supervising driver.


The maximum penalty is 10 penalty units.

Police may issue a fine for this offence. If the matter is dealt with by infringement notice, the penalty is 2 penalty units.

See items 129, 130—Schedule 7—Road Safety (General) Regulations 2019 (Vic)(opens in a new window).

More information


Road Safety Act 1986 (Vic)

  • s. 49B—offence of drinking alcohol while driving
  • s. 49C—offence of drinking alcohol while supervising a learner

See Road Safety Act 1986 (Vic)(opens in a new window).

Road Safety (General Regulations) 2019 (Vic)

  • Schedule 7—matters that can be dealt with as traffic infringements

See Road Safety (General) Regulations 2019 (Vic)(opens in a new window).