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The Road Safety Act 1986 nor the Crimes Act 1958 does not really specify which alcohol levels are low range and mid-range. This is unlike New South Wales laws in which they specified what alcohol levels qualify as low range. However, Victorian law penalizes a person for drink driving once his blood alcohol concentration (BAC) is 0.05 and more.
The penalties get more severe as the BAC goes higher. First time offenders will receive infringement notices for a BAC level of 0.05 but less than 0.07.
The penalties for the offense are fines, demerit points, cancellation of license and disqualification from driving for six months. Full license holders over 26 years old will get 10 demerit points on top of the fines.
Subsequent offenders will naturally receive stiffer penalties, even a possible conviction by the court. The most natural defences for an offender in these cases are to dispute the accuracy of the BAC readings and the procedure followed by the traffic enforcers.
The penalties for drink driving traffic infringement notices are set out below:
BAC | Licence type | Fine | Licence action / points |
|---|---|---|---|
Less than .05 | Zero BAC licence (e.g. professional drivers, P licence, L permit) | 2.5 penalty units | 10 demerit points |
.05 to less than .07 | Zero BAC licence (e.g. professional drivers, P licence, L permit) and full licence (under 26 years) | 3 penalty units | Cancellation of licence/permit and disqualification for 6 months |
.05 to less than .07 | Full licence (26 years or older) | 3 penalty units | 10 demerit points |
.07 to less than .15 | All drivers | 3 to 4.25 penalty units | Cancellation of licence/permit and disqualification for 6-14 months depending on BAC |
.15 or above; | All drivers |
| Attend Magistrates’ Court |