Drink driving

One of the most significant causes of road trauma and death in Australia is drink driving. Research has found that Australian-born single men under the age of 30 years are more likely than any other group to drink then drive.

In Victoria, there have been intensive media campaigns and concentrated police efforts to discourage people from drinking then driving, including an increase in random breath testing.

Despite these efforts, around 25 per cent of drivers and motorcyclists killed in motor vehicle crashes in 2009 had a blood alcohol concentration (BAC) of .05 or more.

Drink driving laws in Victoria

The legal blood alcohol concentration (BAC) limit for drivers in Victoria, and all other states, is below .05. A zero BAC is required for:

• Drivers on a probationary licence (P plates) or learner drivers (L plates)
• Bus and taxi drivers
• Drivers of trucks over 15 tonnes.

The law in Victoria imposes severe penalties on convicted drink drivers, including loss of licence, fines and, occasionally, imprisonment. More than 12,000 Victorians lose their licence every year because of drink driving offences.

Factors influencing alcohol concentration

Different people metabolise alcohol at different rates. Some of the factors that influence the concentration of alcohol in a person’s breath or blood (BAC) include:

• The amount and type of alcohol consumed
• The rate of drinking and the time since the last drink
• The amount of alcohol that remains in the stomach
• Other foods or liquids in the stomach
• The amount of alcohol already metabolised by the liver
• The general health and competence of the liver
• The person’s metabolic rate
• The person’s emotional state
• Physical factors, including gender, body size and lean tissue to body fat ratio
• The volume of water in the tissues of the body, which can be affected by such things as medication, illness and the menstrual cycle.

Estimating blood alcohol concentration (BAC)

The only way to measure your BAC is by using a fully calibrated testing machine. The general advice on limiting your drinking to a particular number of standards drinks per hour may work for some people, but not for others. There are simply too many factors to take into consideration. If you are concerned about your BAC, err on the side of caution and don’t drive.

Breath testing

Victoria Police carry out extensive breath testing. In 2010, around 3.8 million tests were conducted. The procedure is straightforward. The driver is instructed to blow into a hand-held breath-testing device until deep lung air is exhaled. The BAC reading is given on the digital display.

Refusing a breath test is a serious offence with severe penalties. A driver who does not cooperate can be fined and disqualified from driving.

Penalties

The penalties for drink driving depend on the offender’s BAC level and on whether they have prior drink driving offences. Sentencing usually includes licence cancellation for a set period, although first offenders with a reading below .07 may incur demerit points instead. A fine will also be imposed. For very serious offences, punishment may include community-based orders or imprisonment.

Rehabilitation

The requirements for regaining a licence depend on the circumstances, but are likely to include a compulsory drink driver education course, probably a court order and, for many offenders, clinical assessments for alcohol problems. In Victoria, advice is available from DirectLine on 1800 888 236.

Specific requirements before drink drivers can be re-licensed include:

• All offenders with a BAC of .07 or more, and all repeat offenders, must obtain a licence restoration order from a court.
• Offenders under 25 years and those applying to the court for a licence restoration order are usually required to complete a drink driver education course.
• Depending on the drink driving offence, the court may require one or more assessments of the person’s use of alcohol. These assessments are prepared by an accredited agent.

Alcohol interlocks

An alcohol interlock is an electronic breath-testing device that is wired to the ignition system of a vehicle. A vehicle fitted with an interlock will not start unless the driver passes a breath test.

The following drivers must only drive a vehicle fitted with an alcohol interlock for a period of time when they are re-licensed:

• Repeat offenders
• First-time offenders with a BAC of .15 or more
• Offenders under 26 years with a BAC of .07 or more
• Offenders driving under the influence of alcohol, refusing to provide a breath or blood sample, or refusing to stop at a breath-testing station or to cooperate in the conduct of a test.

Vehicle impoundment

Under Victorian law, from the 1 July 2011 repeat drink-driving offenders with a BAC of .10 or more could have their vehicle impounded for 30 days.

Where to get help

• Your doctor
• VicRoads Tel. 131 171
• DrugInfo Tel. 1300 85 85 84 – for information about alcohol and its effects
• DirectLine Tel. 1800 888 236 – for 24-hour confidential drug and alcohol telephone counselling, information and referral
• Victoria Legal Aid Tel. (03) 9269 0234 or 1800 677 402
• Solicitor
• Your local community health centre.
• Family Drug Help – for information and support for people concerned about a relative or friend using drugs (24 hours, 7 days) Tel. 1300 660 068

Things to remember

• It is against the law for full licence holders in Victoria to drive with a BAC of .05 or more.
• Probationary licence drivers (P plates) and learner drivers (L plates) must only drive with a zero BAC.
• Penalties for drink driving include licence cancellation, heavy fines, vehicle impoundment and, for very serious offences, community-based orders or imprisonment.
• One in four Victorian drivers or motorcyclists killed in motor vehicle accidents in 2009 had a BAC of .05 or more.

You might also be interested in:

• Alcohol.
  
• Alcohol - teenagers.
  
• Alcohol related brain impairment.
  
• Partying safely - tips for teenagers.
  

Want to know more?

Go to More information for support groups, related links and references.

This page has been produced in consultation with and approved by:

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VicRoads

Last reviewed: August 2011

Content on this website is provided for education and information purposes only. Information about a therapy, service, product or treatment does not imply endorsement and is not intended to replace advice from your doctor or other registered health professional. Content has been prepared for Victorian residents and wider Australian audiences, and was accurate at the time of publication. Readers should note that, over time, currency and completeness of the information may change. All users are urged to always seek advice from a registered health care professional for diagnosis and answers to their medical questions.

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<a href="http://www.betterhealth.vic.gov.au/bhcv2/bhcarticles.nsf/pages/Drink_driving?open">Drink driving - Better Health Channel</a><br/>
Drink driving is one of the most significant causes of road trauma and death. The legal blood alcohol concentration (BAC) limit for drivers in Victoria and all other states in Australia is below .05. Probationary licence drivers (P plates) and learner drivers (L plates) must only drive with a zero BAC.

Content on this website is provided for education and information purposes only. Information about a therapy, service, product or treatment does not imply endorsement and is not intended to replace advice from your qualified health professional. Content has been prepared for Victorian residence and wider Australian audiences, and was accurate at the time of publication. Readers should note that over time currency and completeness of the information may change. All users are urged to always seek advice from a qualified health care professional for diagnosis and answers to their medical questions.

For the latest updates and more information, visit www.betterhealth.vic.gov.au

Copyight © 1999/2012  State of Victoria. Reproduced from the Better Health Channel (www.betterhealth.vic.gov.au) at no cost with permission of the Victorian Minister for Health. Unauthorised reproduction and other uses comprised in the copyright are prohibited without permission.