Drink driving offences in Victoria are prosecuted under the Road Safety Act 1986 (Vic). Drink driving offences fall into 2 broad categories: exceed concentration of alcohol offences (Drive under the influence and Exceed pca) and refusal offences (refuse preliminary or evidential breath test).

 

Regardless of whether a drink driving offence relates to a blood alcohol concentration or comes about because an accused refuses to provide a breath sample for analysis, a mandatory disqualification period applies.

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​The length of the disqualification period depends upon the offence and various factors which include:

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• Whether the offence arises from exceed the prescribed concentration of alcohol (exceed PCA) or amounts to a refusal to comply with a director to provide either a preliminary (roadside) or evidentiary breath test (a 2nd breath test usually taken at a police station). 

• The blood alcohol concentration (the higher the bac% the longer the disqualification).

• Whether the offence is a first or subsequent offence.

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