This website is for use by legal professionals (lawyers and law practices) only. If the information is used incorrectly, you could risk losing money or your legal rights. If you are a member of the public looking for free advice about your legal problems please visit legalaid.vic.gov.au, or contact our Legal Help advice line on 1300 792 387, Monday to Friday from 8 am to 6 pm. 

If you decide to use or rely on the information or make decisions based on the information in this website (which VLA does not recommend) VLA is not liable to you or any third party in any way for any loss, damage, costs or expenses you or they may suffer or incur as a result.

If owner was not the driver

Information to help a vehicle owner when they did not commit the relevant offence.

Some drink driving laws are specifically directed towards drivers:

  • on a probationary licence or learner permit
  • who are young and inexperienced.

Probationary and learner drivers must have zero BAC

Drivers on a probationary licence or learner permit must have no alcohol present in their blood or breath while driving. If the driver is found guilty or convicted for drink driving they must be disqualified from driving. Their licence or learner permit will be cancelled for at least 3 months. This will depend on their BAC reading.

The minimum licence cancellation periods are set out in Schedule 1 of the Road Safety Act 1986.

See Road Safety Act 1986 (Vic)—Schedule 1—Minimum disqualification periods(opens in a new window).

Behaviour change programs

From 30 April 2018 all drivers must complete the first stage of a behaviour change program before they can be licensed following after their licence was cancelled for a drink or drug driving offence (with the exception of a supervising driver).

See s. 58C—Road Safety Act 1986 (Vic)(opens in a new window).

Alcohol interlock condition

All drivers must have an alcohol interlock device attached to their vehicle after they have served their licence cancellation and disqualification period.

See s. 50AAA—Road Safety Act 1986 (Vic)(opens in a new window).

More information

Legislation

Road Safety Act 1986 (Vic)

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

Updated