Find out about combined drink and drug-driving offences and how to get your licence back after an offence.
A combined drink and drug-driving offence has higher penalties than an individual drink-driving or drug-driving offence. These penalties and the mandatory Behaviour Change Program help improve the safety of Victorian roads for all users, including our most vulnerable (pedestrians, cyclists and motorcyclists).
For specific details about the penalties that apply for a combined offence, refer to combined drink and drug-driving penalties.
The information below is a summary of the sanctions and fines provided within the new laws, and are subject to a Magistrate’s discretion.
Fines
- the maximum fine for a first offence is 30 penalty units
- maximum fines for repeat offences range from 90 to 270 penalty units or up to 18 months imprisonment, depending on the number of offences and the BAC level detected
- maximum fines for the combined offence will be:
- 50 per cent higher than the maximum fines for drink-driving alone and
- at least 50 per cent higher than the maximum fines for drug-driving alone.
Please note that the 2018/2019 penalty unit value is $161.19.
Licence cancellation/disqualification from driving
Not only will you be fined, you’ll also have your licence cancelled or be disqualified from driving for at least 12 months.
This can be for longer periods if, for example, you had a high BAC or it was a repeat offence. You can be cancelled/disqualified for up to five years, at the discretion of the Magistrates’ Court.
Vehicle impoundment
First time offenders may have their vehicle immediately impounded or immobilised by police for 30 days for BAC readings of .10 or more.
Repeat offenders may have their vehicle immediately impounded or immobilised by police for 30 days, plus additional time may be applied by the courts.
Behaviour Change Program
You will be required to complete an Intensive Drink and Drug Behaviour Change Program (BCP).
If you’ve completed a BCP for a prior offence, you’ll need to do another BCP for this offence.
Your BCP will include a one-on-one counselling session and three x three-hour group sessions. See Behaviour Change Program providers for a list of providers.
For more information, see Behaviour Change Program.
Please note that there may be waiting times to attend a program.
Licence Eligibility Order
You’ll need a Licence Eligibility Order (LEO) from the Magistrates’ Court to get your licence back.
To get an LEO, attend a Magistrates’ Court and arrange a hearing at least 28 days before your driver licence/learner permit cancellation ends. The court will fix a hearing date at least 28 days ahead, but not before your cancellation ends.
Make sure you find out what documents are required for the hearing. You may be asked to have an interview with Victoria Police before the court hearing.
The court will decide whether to issue you with a Licence Eligibility Order.
If you’re not sure what you need to do, contact your nearest Magistrates’ Court for further advice.
Get your driver licence reissued
Once you have received your Licence Eligibility Order from the court you will need to visit a VicRoads Customer Service Centre to get your driver licence/learner permit reissued. You will need to bring with you:
- the original Licence Eligibility Order
- the original certificate of completion (BCP or equivalent accredited driver education program)
- original evidence of identity documents
- the relevant fee.
If you have not held a current Australian or overseas driver licence in the last five years or need to reissue an expired motorcycle learner permit, you will also need to be retested before your driver licence or learner permit is issued. Visit renew your licence or learner permit for information about what tests are required.
Your ‘I’ and ‘Z’ conditions
When you get your licence reissued, it will have an ‘I’ and a ‘Z’ condition.
The ‘I’ stands for interlock, and means that you need to install and use an alcohol interlock to any vehicle you drive.
The ‘Z’ stands for ‘zero BAC’, and means that you need zero blood alcohol concentration whenever you drive.
Alcohol interlocks
Once you have an interlock installed, you’re automatically part of the Victorian Alcohol Interlock Program (VAIP) and you can monitor your progress online, using the Alcohol Interlock Management System (AIMS).
Your interlock usage and removal will be managed by the courts, not by VicRoads.
When you’ve completed the Program and want your interlock removed, you will need to organise an Interlock Condition Removal Order (ICRO) hearing at a Magistrates’ Court.
Depending on the details of your offence, you will need an interlock for a minimum period of six months to four years.
You may also be required to complete a Pre-interlock removal behaviour change program prior to applying to have your alcohol interlock licence condition removed.