Drinking Beer While Driving In Victoria: What's Allowed?

Drinking and driving is a serious offence in Australia, and the laws vary across states. In Victoria, it is illegal to drink alcohol while driving or being in charge of a vehicle, even if your blood alcohol concentration stays below the legal limit of 0.05%. This means that you cannot drink alcohol while driving or even while sitting beside a person who is learning to drive. The penalties for drink-driving in Victoria are harsh and reflect the seriousness of the offence, with offenders facing fines, licence cancellation, and even jail time for the most serious offences.

Drinking as a driver or passenger

The penalties for drinking and driving reflect the seriousness of the offence and the increased danger and risks posed by offending drivers on the roads. If caught drinking and driving, you may be given a penalty for driving or being in charge of a vehicle with an illegal Blood or Breath Alcohol Concentration (BAC). You can also be penalised for providing a blood sample containing an illegal concentration of alcohol within three hours of driving or being in charge of a motor vehicle, or for refusing to cooperate with the police.

The penalty for refusing to take a breath test is generally more severe than exceeding your BAC limit. If you are caught driving with a BAC over the legal limit, you will face harsh consequences, including the requirement to complete a compulsory behaviour change program, the installation of an alcohol interlock in your vehicle, and a zero BAC requirement for at least three years. For the most serious offences, there is a risk of jail time.

It is important to note that alcohol is a major factor in road deaths and serious injuries in Victoria. Even at a BAC of .05, your risk of being involved in a road crash doubles compared to a BAC of zero. Therefore, it is strongly advised to refrain from drinking alcohol entirely if you plan to drive. Always have a plan for getting home safely if you intend to consume alcohol, such as having a designated sober driver or using public transportation.

Learner driver supervision

In Victoria, learner drivers must always have a supervising driver seated beside them while driving. As a supervisor, you must have a current, full (not probationary) driver's licence that matches the type of vehicle being driven by the learner. You must also carry your driver's licence and use a registered, roadworthy vehicle.

• Blood Alcohol Concentration (BAC): Supervisors must have a BAC under 0.05 while supervising. If you are a driving instructor, your BAC must be 0. Drinking alcohol while supervising a learner driver, even if your BAC is within the legal limit, is illegal in Victoria.
• Registration and Requirements: Ensure that you are listed as a supervising driver in the learner's myLearners app or paper logbook. Keep the logbook up to date, recording at least 120 total driving hours, including 20 hours of night driving.
• Insurance: Check your car insurance policy to ensure that the learner driver is covered under your policy. In some cases, learner drivers may be automatically covered under the supervising driver's policy.
• Teaching Approach: Evaluate your own driving habits and aim to curb any bad habits before inadvertently passing them on to the learner. Plan appropriate drives and lessons that match the learner's experience level, gradually progressing from empty areas to quiet streets, and eventually to busier roads and nighttime driving.
• Distractions: Minimise distractions, such as mobile phones and music, during early lessons to aid the learner's concentration.
• Professional Lessons: Consider booking professional driving lessons for the learner or joining them for a lesson to learn valuable supervising skills.
• Feedback and Encouragement: Provide constructive feedback and encouragement to the learner. Debrief with them after each drive, asking about their experiences and offering guidance in areas they may be struggling with.
• Eligibility: If you feel you are not the right person to supervise, you can choose another fully licensed driver who complies with the guidelines and can provide support and encouragement.

BAC limits

In Victoria, Australia, the legal Blood Alcohol Content (BAC) limit for fully licensed drivers is 0.05%. This is the same across all states and territories in Australia. However, if you are on your P1 or P2 license, a restricted motorcycle rider, a driving instructor, a driver of a commercial passenger vehicle, or a truck driver of a vehicle greater than 4.5 tonnes GVM, your BAC limit must be zero.

If you are caught driving with a BAC over the legal limit, you will face harsh penalties. The penalties will differ depending on the type of licence you have, whether you are a repeat drink-driving offender, your age, and the type of offence committed. For example, if you are a fully licensed driver who records a BAC of between 0.05 and 0.07, you will be fined and incur 10 demerit points. If your BAC is 0.07 or higher, your licence will be cancelled, and you will be required to install an alcohol interlock for at least six months once you are relicensed.

It is important to note that drinking alcohol while driving is illegal in Victoria, even if your BAC stays below the legal limit. This also applies to supervisors of learner drivers. The safest option is to refrain from drinking alcohol entirely if you plan to drive.

Penalties for drink driving

Drinking and driving is a serious offence in Victoria, Australia. The state has some of the strictest drink-driving penalties in the country, and these penalties reflect the seriousness of the offence and the increased danger posed by offending drivers on the roads.

If you are caught driving with a blood or breath alcohol concentration (BAC) over the legal limit, you will face harsh penalties, including fines, licence cancellation or disqualification, and even imprisonment in serious cases. The penalties vary depending on the type of offence, the age of the offender, the licence or permit held, and whether it is a first or subsequent offence.

For example, if you are caught with a BAC of between .07 and .10, you will receive a fine and have your licence or permit cancelled. You will be disqualified from driving for at least six months and will be required to use an alcohol interlock device for a minimum of six months, as well as adhere to a zero BAC requirement for at least three years.

If you are caught with a BAC of over .15, the penalties are even more severe. You will be disqualified from driving for between 15 and 24 months and will also be required to complete a Drink Driver Behaviour Change Program. You will have to use an interlock device for six months and will be subject to a zero BAC requirement for at least three years.

Repeat offenders face even longer disqualification periods and more stringent conditions. For instance, a person caught with a BAC of below .15 for a second time faces disqualification for between 12 and 28 months and must use an alcohol interlock device for 12 months. They must also adhere to a zero BAC condition for three years.

It is important to note that drinking alcohol while driving is illegal in Victoria, even if your BAC stays below the legal limit. This applies to both drivers and supervisors of learner drivers. The best way to avoid drink-driving offences is to refrain from drinking alcohol entirely if you plan to drive.

Passenger drinking in Victoria

In Victoria, passengers are not prohibited from drinking alcohol in a vehicle. However, passengers are advised not to drink, as doing so could distract the driver. While it is legal to drink in public in Victoria, it is illegal to be drunk. The police have the power to arrest you and confiscate any remaining alcohol.

In Victoria, it is illegal to drink alcohol while driving a motor vehicle or sitting beside a person who is learning to drive, even if your blood alcohol concentration stays below the legal limit. Drivers in Victoria face harsh penalties if caught driving with alcohol in their system over the legal limit. The penalties reflect the increased dangers and risks posed by drunk drivers on the roads.

The legal limit for blood alcohol concentration (BAC) in Victoria is 0.05%. At this level, your risk of being involved in a road crash is about double compared to a BAC of zero. Each year, about 1 in 5 drivers killed in road crashes has a BAC of 0.05% or above. Most fully licensed drivers must have a BAC below 0.05%. This includes people supervising learner drivers. Police can check your BAC during roadside drug and alcohol testing.

It is a serious offence in Victoria to refuse to stop at a booze bus or random breath-testing station, provide a breath or blood sample, or cooperate with police conducting a breath or blood test. The penalty for refusing to take a breath test is generally more serious than exceeding your BAC limit.

Some drivers in Victoria must have a BAC of zero, including those with a learner's permit, a probationary licence, or certain conditions on their driver's licence or learner's permit. If you meet these criteria, it is an offence to drive with a BAC above zero.

Frequently asked questions