Penalties for exceeding 0.05% BAC under Victorian Drink Driving Law
When it comes to most drink driving offences in Victoria, the law specifies mandatory sentencing. This means that the Magistrate is very limited in what penalties they can impose and are required to sentence you in a certain way. This includes fines or jail time, mandatory licence disqualification and mandatory alcohol interlocks.
That said, when sentencing a person for a drink driving offence, the defendant is entitled to tell the Magistrate about any mitigating circumstances that the Magistrate should consider before handing down a sentence. The purpose of this information is to try to get the Magistrate to impose the minimum penalty available. It is important to note that only in the most serious cases of drink driving will a court impose the maximum penalty.
Check the tables here to see where your offence fits in:
NOTE: If you have not had a drink or drug driving offence in the past 10 years, your most recent offence may be treated as a first offence. The 10 years is counted from the date your last penalty was imposed.
Although not always mandatory at law, it is common for a Magistrate to refuse to hear an application for a licence restoration unless the applicant has completed an accredited drink driving program. Adjourning your case delays you getting your licence back, so many people undertake these courses to make sure there are no delays once they get to court.
These tables are for general information only. You should consult with a solicitor if you would like legal advice about your particular case.