TOP 10LAWYERS

Top 10 Drink Driving Lawyers in Melbourne

Ten Melbourne firms that defend drink driving charges, with what each one suits, who the accredited criminal law specialists are, and how to reach them fast.

Google ratings checked 22 October 2026 Updated 23 October 2026

How we compile this list

Find a firm for your situation

Choose what fits you best to see which firms on this list cover it.

Grouped by what each firm publishes about its own work. Most firms on this list handle all common drink driving law matters.

The Top 10 Drink Driving Lawyers in Melbourne

Ten drink driving law firms in Melbourne, with their experience, accredited specialists, Google ratings and what each one suits.

Some firms pay for featured placements, which can affect their position. Our write-ups are our own. How we rank

Dribbin & Brown Criminal Lawyers

Melbourne CBD, plus eight offices across VictoriaCriminal and traffic law only

4.9

200 Google reviews

Checked 18 October 2026

Best for Drivers suspended on the spot, or with a drink driving case at a suburban or regional court

  • The firm lists traffic law as one of only three practice areas, alongside criminal law and intervention orders.
  • It acts on drink driving and refusal charges and on appeals against immediate licence suspension.
  • Its nine offices include Ringwood, Dandenong, Frankston, Broadmeadows and Moorabbin.

Accredited criminal law specialist (1)Daniel Walsh

First consultation
Free consultation, including a free no obligation appointment for matters with a court date. Costs assessment given at the appointment. Phones open 7am to midnight, seven days.
Full profile: lawyers, services and sources

About the firm

Dribbin & Brown is a criminal and traffic firm run by managing partners David Dribbin and Mike Brown, who the firm says have defended clients for over 15 years. For a drink driving charge its main draw is reach. It has nine offices across Victoria, including the CBD, Ringwood, Dandenong, Frankston, Broadmeadows and Moorabbin, and the firm says it has about 20 lawyers. It handles drink and drug driving, refusing a breath test, appeals against immediate licence suspension and licence eligibility orders. Phones are answered 7am to midnight, seven days. The first consultation is free and comes with a costs assessment.

Also worth knowing

  • Daniel Walsh holds LIV criminal law accreditation, according to the firm.

Lawyers

  • David Dribbin, Managing Partner
  • Mike Brown, Managing Partner
  • Kieran Burke, Managing Lawyer, Melbourne
  • Daniel Walsh, Managing Lawyer, Dandenong Accredited criminal law specialist
  • Ashleigh Wallace, Criminal Defence Lawyer, Melbourne
  • Jaime Du Cane, Criminal Defence Lawyer, Melbourne
  • Tom Woodward, Criminal Defence Lawyer, Melbourne and Moorabbin

Areas of drink driving law handled

  • Immediate licence suspension appeals
  • Licence eligibility orders
  • Speeding and school zone speeding
  • Careless and dangerous driving
  • Hoon driving
  • Drink driving
  • Drug driving
  • Refusing a breath test
  • Driving while suspended or disqualified
  • P plate and learner offences
  • Failing to report an accident
  • Culpable driving

Other details

Other offices
Ringwood, Dandenong, Frankston, Geelong, Broadmeadows, Moorabbin, Ballarat and Werribee

Sources

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Balot Reilly Criminal Lawyers

William Street, West MelbourneCriminal law only

4.9

967 Google reviews

Checked 18 October 2026

Best for Drivers hit with an immediate licence suspension who want to fight it quickly

  • The firm says its lawyers practise exclusively in criminal law.
  • Its drink driving page covers applications to the Magistrates' Court to cancel immediate suspension notices under ss 85B and 85G.
  • It also handles licence restoration and alcohol interlock removal applications.
First consultation
The site doesn't state first consultation terms. Phone advice is available 24/7.
Office
462 William Street, West Melbourne VIC 3003
Full profile: lawyers, services and sources

About the firm

Balot Reilly is a criminal defence practice in West Melbourne led by principal George Balot, who the firm says has more than 26 years in criminal law. The firm says its lawyers work only in criminal law. Its drink driving page covers first and high range offences, refusals, and challenges to immediate licence suspensions in the Magistrates' Court, plus licence restoration and interlock removal applications. Its Google rating sits at 4.9 from close to 1,000 reviews. The site doesn't publish first consultation terms, so ask when you call. Phone lines are open 24/7.

Also worth knowing

  • Principal George Balot has more than 26 years of experience, according to the firm.

Lawyers

The site names only its principal; other lawyers appear by first name in client reviews.

  • George Balot, Principal Criminal Lawyer

Areas of drink driving law handled

  • Drink driving defence
  • High range BAC charges
  • Refusal to undergo a breath or blood test
  • Drug driving charges
  • Combined alcohol and drug driving
  • Immediate licence suspension challenges (ss 85B and 85G)
  • Licence restoration applications
  • Alcohol interlock removal
  • Review of breath and blood testing procedure
  • Penalty and licence loss advice

Office

462 William Street, West Melbourne VIC 3003

Sources

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Doogue + George

Queen Street, Melbourne CBD, plus Broadmeadows, Heidelberg, Moorabbin and SunshineCriminal law only

4.8

230 Google reviews

Checked 22 October 2026

Best for Drivers whose drink driving case is listed in the CBD or at Broadmeadows, Heidelberg, Moorabbin or Sunshine

  • Bill Doogue founded the firm in 1995, and it merged with Andrew George Solicitors in February 2013.
  • The firm says it has 20 criminal lawyers, seven of them accredited criminal law specialists.
  • Its traffic page says its lawyers appear daily at Melbourne Magistrates' Court.

Accredited criminal law specialists (7)Bill Doogue, Andrew George, Kristina Kothrakis, Dee Giannopoulos, Una Ebsworth, Sophie Parsons, Ophelia Hollway

First consultation
Free consultation. The firm says assistance is available 24/7.
Office
Level 5, 221 Queen St, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

Doogue + George is a criminal defence firm that Bill Doogue founded in 1995 and that merged with Andrew George's practice in 2013. The firm says seven of its lawyers are LIV accredited criminal law specialists, and two of them, Sophie Parsons and Ophelia Hollway, are named on its traffic page. The firm says its traffic lawyers appear daily at Melbourne Magistrates' Court and at suburban courts. With offices in Broadmeadows, Heidelberg, Moorabbin and Sunshine, it suits drivers whose drink driving case is listed out of the city. It also handles drug driving and driving while suspended. The first consultation is free.

Founded in 1995

Also worth knowing

  • It has offices in Broadmeadows, Heidelberg, Moorabbin and Sunshine as well as the CBD.

Lawyers

The team page doesn't link lawyers to traffic work. Sophie Parsons, Ophelia Hollway and Lachie Davine are the lawyers named on the traffic page.

  • Bill Doogue, Director and founder Accredited criminal law specialist
  • Andrew George, Director Accredited criminal law specialist
  • Kristina Kothrakis, Director Accredited criminal law specialist
  • Dee Giannopoulos, Director Accredited criminal law specialist
  • Una Ebsworth, Director Accredited criminal law specialist
  • Sophie Parsons, Partner Accredited criminal law specialist
  • Ophelia Hollway, Senior Associate Accredited criminal law specialist
  • Lachie Davine, Associate

Areas of drink driving law handled

  • Careless driving
  • Dangerous driving
  • Drink driving
  • Drug driving
  • Driving while suspended
  • Failing to stop for police
  • Failing to report an accident
  • Improper use of a motor vehicle
  • Tampering with a vehicle or speed detector
  • Pleas and contested hearings in the Magistrates' Court

Office

Level 5, 221 Queen St, Melbourne VIC 3000

Other details

Other offices
Broadmeadows, Heidelberg, Moorabbin and Sunshine, plus Sydney

Sources

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Slades & Parsons

Queen Street, Melbourne CBDCriminal law only

4.9

157 Google reviews

Checked 22 October 2026

Best for Drivers who want help with the charge and with getting their licence back afterwards

  • Founded in 1990, the firm practises only criminal law.
  • Three LIV accredited criminal law specialists lead the firm, according to its site.
  • It has a separate drink driving page, and its traffic page covers VicRoads relicensing and interlock conditions.

Accredited criminal law specialists (3)Anthony Brand, Jasmine Pisasale, Nick Tehan

First consultation
Free 24 hour emergency advice line. Free initial interview of up to 30 minutes through the LIV legal referral service. Takes private and legal aid matters, with fees discussed case by case.
Office
Level 1, 224 Queen St, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

Slades & Parsons is a criminal defence only firm founded in 1990 by Phillip Slade and Tony Parsons. Directors Jasmine Pisasale and Nick Tehan now lead it with Anthony Brand, and the firm says all three are LIV accredited criminal law specialists. For drink driving it covers first offences, refusing a breath test and drug driving, and goes on to what happens after court: licence loss, VicRoads relicensing and alcohol interlock conditions. The firm says its phones are answered 24 hours a day. It offers a free initial interview of up to 30 minutes through the LIV referral service and takes legal aid work.

Founded in 1990

Also worth knowing

  • It takes legal aid matters as well as private clients.

Lawyers

The site doesn't give Anthony Brand's title or name a lawyer for traffic work.

  • Anthony Brand, Senior lawyer leading the firm Accredited criminal law specialist
  • Jasmine Pisasale, Director Accredited criminal law specialist
  • Nick Tehan, Director Accredited criminal law specialist
  • Savannah Westwood, Lawyer, Doyle's Guide Rising Star

Areas of drink driving law handled

  • Drink driving
  • First time drink driving
  • Drug driving
  • Refusing a breath or drug test
  • Dangerous driving
  • Culpable driving
  • Driving while suspended or disqualified
  • Licence loss and VicRoads relicensing
  • Alcohol interlock conditions
  • Traffic camera and phone infringements
  • Appeals against conviction or sentence

Office

Level 1, 224 Queen St, Melbourne VIC 3000

Sources

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James Dowsley & Associates

Little Lonsdale Street, Melbourne CBD, plus Frankston and DandenongCriminal law only

4.7

69 Google reviews

Checked 18 October 2026

Best for Drivers facing charges at Frankston, Dandenong or the Melbourne Magistrates' Court

  • James Dowsley founded the firm in January 2007 and was admitted to practice in 1987.
  • He gained Law Institute of Victoria specialist accreditation in criminal law in 2002, the firm says.
  • Its drink driving page covers every BAC range from under .05 to .15 and above, plus refusals and drug driving.

Accredited criminal law specialist (1)James Dowsley

First consultation
Free consultation on request through the contact page. Urgent advice available 24/7.
Office
Level 7, 533 Little Lonsdale St, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

James Dowsley & Associates, which also trades as JDA, is a criminal defence firm with offices in the Melbourne CBD, Frankston and Dandenong. Founder James Dowsley was admitted in 1987 and has held Law Institute of Victoria specialist accreditation in criminal law since 2002, according to the firm. Its drink driving page covers every BAC range, refusals and drug driving, and the firm shows Doyle's Guide badges for traffic law. It suits drivers in the south east. A free consultation is offered on request.

Founded in 2007

Also worth knowing

  • The firm displays Doyle's Guide badges for criminal and traffic law from 2023 to 2025.

Lawyers

  • James Dowsley, Founder and Principal, Accredited Criminal Law Specialist Accredited criminal law specialist
  • Domenic Care, Lawyer (named for Doyle's Guide traffic recognition)
  • Brett Barratt, Lawyer (named for Doyle's Guide traffic recognition)

Areas of drink driving law handled

  • Drink driving defence at all BAC ranges
  • First and repeat drink driving offences
  • Refusing a breath or oral fluid test
  • Failing to stop at a police intercept
  • Drug driving charges
  • Traffic and driving offences
  • Bail applications
  • Criminal appeals

Office

Level 7, 533 Little Lonsdale St, Melbourne VIC 3000

Other details

Other offices
Frankston (Nepean Hwy) and Dandenong (Foster St)

Sources

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Anthony Isaacs Criminal Lawyers

Lonsdale Street, Melbourne CBDCriminal law only

5.0

9 Google reviews

Checked 18 October 2026

Best for Drivers who want an accredited specialist and a fixed price where possible

  • The firm has practised criminal law since 1981, it says.
  • It says both Tony and Tom Isaacs are LIV accredited criminal law specialists.
  • It charges lump sum fees where possible and doesn't bill for short phone calls.

Accredited criminal law specialists (2)Anthony (Tony) Isaacs, Tom Isaacs

First consultation
Free initial advice by phone or a free initial conference in person or by video. Lump sum fees where possible.
Office
Ground Floor, 530 Lonsdale St, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

Anthony Isaacs is a small criminal law practice on Lonsdale Street in Melbourne's legal precinct, run by Tony Isaacs since 1981. The firm says it practises only criminal law, and that Tony and solicitor Tom Isaacs are both Law Institute of Victoria accredited criminal law specialists. It handles drink and drug driving charges, refusals and suspension matters, and publishes a guide to getting your licence back. Fees are lump sum where possible. It suits people who want a senior lawyer on the file. Free initial advice is offered by phone or in person.

Founded in 1981

Lawyers

  • Anthony (Tony) Isaacs, Principal Accredited criminal law specialist
  • Tom Isaacs, Solicitor Accredited criminal law specialist

Areas of drink driving law handled

  • Drink driving defence
  • Drug driving charges
  • Refusing a breath or saliva test
  • Impairment assessments
  • Combined drink and drug driving
  • Repeat offences
  • Licence suspension and cancellation advice
  • Licence eligibility guidance
  • Court representation
  • Negotiation with police prosecutors

Office

Ground Floor, 530 Lonsdale St, Melbourne VIC 3000

Sources

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MK Law

Barkly Street, St Kilda, plus William Street, Melbourne CBDCriminal and traffic law

4.7

326 Google reviews

Checked 18 October 2026

Best for Drivers charged with drink driving, including a repeat offence, who want a fixed fee for court

  • Founder Michael Kuzilny began as a police prosecutor and says he has done criminal defence in Victorian courts since 1986.
  • It acts on repeat drink driving, licence restoration applications and driving without an interlock.
  • The firm only takes traffic matters going to court and says it does not advise on demerit points or fines.
First consultation
Free initial phone advice, available 24/7. Cost disclosure before you engage, fixed fees for most Magistrates' Court work, reduced fees for pensioners, students and unemployed people, flexible payment options
Office
2/212 Barkly Street, St Kilda VIC 3182
Full profile: lawyers, services and sources

About the firm

MK Law is a criminal and traffic defence firm based in St Kilda, with a second office on William Street in the CBD. Founder Michael Kuzilny began as a police prosecutor and says he has worked in Victorian criminal courts since 1986, and Marcus Denning is listed as principal. The firm only takes traffic matters that are going to court. On the drink driving side that means first and repeat charges, drug driving, licence suspension appeals, licence restoration applications and driving without an interlock. Initial phone advice is free and available 24/7, and the firm says most Magistrates' Court work is on a fixed fee.

Also worth knowing

  • Most Magistrates' Court work is on a fixed fee, with a cost disclosure statement before you commit, the firm says.

Lawyers

  • Michael Kuzilny, Founder and Partner
  • Marcus Denning, Principal and Senior Lawyer
  • Lyndell Taylor, Lawyer and Operations

Areas of drink driving law handled

  • Court representation for traffic charges
  • Licence suspension appeals
  • Licence restoration applications
  • Drink driving and repeat drink driving
  • Drug driving
  • Dangerous and careless driving
  • Dangerous driving causing death or serious injury
  • Culpable driving
  • Driving while suspended or disqualified
  • Hoon and vehicle impoundment matters
  • Speed trials and excessive speed
  • Failing to nominate a driver

Office

2/212 Barkly Street, St Kilda VIC 3182

Other details

Other offices
Melbourne CBD, Level 20, 263 William Street (03) 9038 8565

Sources

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Garde Wilson Lawyers

William Street, Melbourne CBD, plus Surfers ParadiseCriminal law only

4.8

199 Google reviews

Checked 18 October 2026

Best for Drivers facing a repeat drink driving charge or a refusal who want a fixed fee for the whole case

  • Founder Zarah Garde-Wilson is a barrister and solicitor with more than 26 years' experience, according to the firm.
  • It has separate pages for drink driving and drug driving, and handles repeat drink driving and refusals.
  • It offers a free case assessment and says its fees are fixed from start to finish.
First consultation
Free case assessment, online booking and document upload, 24/7 emergency line, fixed fees from start to finish
Office
Level 40, 140 William Street, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

Garde Wilson Lawyers is a criminal defence firm on Level 40 of 140 William Street, with a second office in Surfers Paradise. Founder Zarah Garde-Wilson is a barrister and solicitor the firm says has more than 26 years' experience, and the firm says its lawyers act as both solicitors and barristers for clients. It has a separate drink driving page and handles first and repeat drink driving, refusing a breath or blood test and drug driving. It suits drivers with a repeat charge or a refusal. There's a free case assessment, a 24/7 line and, the firm says, fixed fees from start to finish.

Also worth knowing

  • The firm says its lawyers act as both solicitors and barristers for clients.

Lawyers

The site names other staff mainly in client reviews and gives few roles; Amanda O'Brien and Ray Raheem are listed as paralegals.

  • Zarah Garde-Wilson, Founder, Barrister and Solicitor

Areas of drink driving law handled

  • Drink driving charges
  • Repeat drink driving
  • Drug driving charges
  • Refusing a breath or blood test
  • Dangerous driving
  • Careless driving
  • Driving while suspended
  • Excessive speeding court matters
  • Improper use of a motor vehicle and loss of traction
  • Reckless conduct endangering life

Office

Level 40, 140 William Street, Melbourne VIC 3000

Other details

Other offices
Gold Coast, Level 13, 50 Cavill Avenue, Surfers Paradise QLD

Sources

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Papa Hughes Lawyers

Queen Street, Melbourne CBDCriminal law only

4.9

120 Google reviews

Checked 22 October 2026

Best for Drivers who want an accredited specialist on the file and may be eligible for legal aid

  • Both principals are LIV accredited criminal law specialists, according to the firm.
  • The firm says its principals have practised criminal defence in Melbourne for over 20 years.
  • It is on Victoria Legal Aid's summary and indictable panels.

Accredited criminal law specialists (2)Andrew Papadimitropoulos, Jessie Hughes

First consultation
Not stated on the firm's site. The firm is on Victoria Legal Aid's summary and indictable panels and can apply for legal aid for eligible clients.
Office
Level 6, 224 Queen Street, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

Papa Hughes is a Melbourne CBD criminal defence firm run by Andrew Papadimitropoulos and Jessie Hughes, both LIV accredited criminal law specialists who, the firm says, have practised criminal defence in Melbourne for over 20 years. It's a small team of five lawyers on Queen Street. On drink driving, its traffic page covers the charge itself, licence suspension and vehicle impoundment, and eligibility orders to get a licence back. The firm is on Victoria Legal Aid's panels, which matters if you might qualify for funding. Its site doesn't set out first consultation terms, so ask when you call.

Also worth knowing

  • Its traffic page covers drink and drug driving, licence suspension, impoundment and eligibility orders.

Lawyers

The traffic page doesn't name a lawyer. These names come from the firm's homepage.

  • Andrew Papadimitropoulos, Managing Partner Accredited criminal law specialist
  • Jessie Hughes, Senior Partner Accredited criminal law specialist
  • Alex Cini, Senior Solicitor
  • Oscar Brown, Criminal Defence Lawyer
  • Darcy Carroll, Criminal Defence Lawyer

Areas of drink driving law handled

  • Careless and dangerous driving
  • Speeding
  • Unlicensed driving
  • Driving while suspended or disqualified
  • Drink driving
  • Drug driving
  • Culpable driving
  • Licence suspension and vehicle impoundment
  • Eligibility orders to get a licence back
  • Challenging infringement notices

Office

Level 6, 224 Queen Street, Melbourne VIC 3000

Sources

Back to the list

Firm details come from each firm's own website. Google ratings are shown as published on Google and don't set the order. Spotted something out of date? Tell us.

Not sure which firm suits you?

Tell us a little about your matter and we'll put you in touch with a Melbourne drink driving lawyer. It's free and there's no obligation.

How we compiled this list

We include firms with a Melbourne office that defend drink driving charges as a regular part of their work. For each firm we read its own website in October 2026 and wrote the description ourselves. The Law Institute of Victoria doesn't accredit specialists in traffic or drink driving law, so the accredited specialists we name are LIV accredited criminal law specialists, as each firm's website describes them. Free consultations and fee terms are as the firm describes them, so confirm them when you call. We show Google ratings with the date we checked them.

Some firms pay for a featured listing, which affects where they appear on this page. Payment doesn't buy the write-up. We write those ourselves, and firms don't get to edit them. If something here is out of date, let us know. There's more detail on how we rank law firms.

This page is general information, not legal advice. Laws, penalties and fees are as published in the Road Safety Act 1986 and by the Victorian Government, Transport Victoria, Fines Victoria, the Magistrates' Court of Victoria and Victoria Legal Aid in October 2026. The penalty unit value changes each July.

The limit, and infringement or court

The limit is under 0.05. It's zero for learners and P platers, unlicensed drivers, taxi, rideshare, bus and heavy vehicle drivers, paid driving instructors, riders in their first 3 years of a motorcycle licence, and anyone relicensed after a drink driving disqualification or with an interlock condition.

Infringement. Police can deal with some first offences with an infringement notice instead of charging you, but only if your reading was under 0.15. You have 28 days to object. If you don't, a conviction is recorded and your licence is cancelled. The disqualification on an infringement is 3 months only if your reading was 0.05 to under 0.07, you were 26 or older, and you weren't a zero BAC driver. In every other case it's the first offence minimum in the table below. If you object, the case goes to court, where the minimum is always the table figure for your reading. For most people that's the same as on an infringement, but if you're 26 or older, not a zero BAC driver and read 0.05 to under 0.07, the court minimum is 6 months, not 3. The magistrate can also set a longer disqualification and impose a fine.

Immediate suspension. Police can suspend your licence on the spot at 0.10 or more on a full licence, 0.07 or more on a learner permit or P plates, for a repeat drink or drug driving offence, for refusing a breath or blood test, or for drug impaired driving or refusing a drug test or assessment. A low range first offence isn't a ground. If you're charged, the suspension lasts until the court decides the charge, the charge is withdrawn or the suspension is cancelled on appeal. If you aren't charged straight away, the suspension lasts for the first offence minimum for your reading, up to 12 months. Either way, the time you spend suspended comes off any disqualification that follows.

You can appeal an immediate suspension to the Magistrates' Court under section 85S of the Road Safety Act 1986. For drink driving suspensions you must show exceptional circumstances. You must give police and the court registrar at least 14 days' written notice, so act quickly.

Your car. Police can impound your vehicle for 30 days on a first offence at 0.10 or more.

Minimum licence loss by reading

If you're found guilty of driving over the limit, the court must cancel your licence and disqualify you for at least the minimum period in Schedule 1 of the Road Safety Act 1986. It can set a longer period, and there's no cap. A subsequent offence is any drink or drug driving offence after an earlier conviction or finding of guilt, including interstate. An earlier one recorded 10 years or more before the new offence isn't counted for these minimums.

Reading (BAC)First offenceSubsequent offence
Under 0.05 (zero BAC drivers)3 months12 months
0.05 to under 0.076 months12 months
0.07 to under 0.086 months14 months
0.08 to under 0.096 months16 months
0.09 to under 0.106 months18 months
0.10 to under 0.1110 months20 months
0.11 to under 0.1211 months22 months
0.12 to under 0.1312 months24 months
0.13 to under 0.1413 months26 months
0.14 to under 0.1514 months28 months
0.15 to under 0.1615 months30 months
0.16 to under 0.1716 months32 months
0.17 to under 0.1817 months34 months
0.18 to under 0.1918 months36 months
0.19 to under 0.2019 months38 months
0.20 to under 0.2120 months40 months
0.21 to under 0.2221 months42 months
0.22 to under 0.2322 months44 months
0.23 to under 0.2423 months46 months
0.24 or more24 months48 months

From Schedule 1, Road Safety Act 1986 (Vic), version 237. Driving under the influence and refusing a test have their own, longer minimums (see below).

Fines, repeat offences and refusing a test

These are the maximum court fines. Dollar figures use the penalty unit of $209.10 that applies from 1 July 2026.

OffenceMaximum penalty
Over the limit, first offence20 penalty units (about $4,182)
Over the limit, second offence under 0.1560 penalty units (about $12,546) or 6 months' jail
Over the limit, second offence at 0.15 or more120 penalty units (about $25,092) or 12 months' jail
Over the limit, third or later offence under 0.15120 penalty units or 12 months' jail
Over the limit, third or later offence at 0.15 or more180 penalty units (about $37,638) or 18 months' jail
Driving under the influence, first offence25 penalty units (about $5,228) or 3 months' jail
Combined drink and drug driving, first offence30 penalty units (about $6,273)
Refusing a test, first offence12 penalty units (about $2,509)

Refusing a test. It's an offence to refuse a roadside breath test, to fail to stop at a testing station, or to refuse a breath analysis or blood test. Refusal can't be dealt with by infringement, so it goes to court, and police can suspend your licence on the spot. The minimum disqualification is 2 years for a first offence and 4 years for a subsequent one, the same as for driving under the influence. That's as long as the first offence minimum for a reading of 0.24 or more. A second refusal carries up to 120 penalty units or 12 months' jail, and a third or later up to 180 penalty units or 18 months.

There are narrow defences. You won't be convicted of refusing a breath analysis if you satisfy the court there was a reason of a substantial character for refusing, other than wanting to avoid giving evidence. The equipment or an operator not being available isn't such a reason. You also don't have to do a roadside breath test if more than 3 hours have passed since you last drove or were in charge of the car.

Diversion isn't available. The Magistrates' Court's Criminal Justice Diversion Program excludes offences with a mandatory loss of licence, including drink driving and refusing a test.

Drug driving and medicinal cannabis

Police run random roadside saliva tests for drugs including cannabis, ice and ecstasy. If you test over the alcohol limit and positive for drugs, it's combined drink and drug driving, which has its own minimums: at least 12 months for a first offence below 0.10, rising to 30 months at 0.24 or more, and 24 to 60 months for a subsequent offence.

Drug offenceFineLicence
Positive roadside test, first offence, infringement3 penalty unitsSuspended for 6 months. Finish a behaviour change program in the first 3 months or your licence is cancelled
Positive test, first offence, in courtUp to 12 penalty unitsCancelled for at least 6 months
Positive test, second offenceUp to 60 penalty unitsCancelled for at least 12 months
Driving while impaired by drugs, first offenceUp to 12 penalty unitsCancelled for at least 12 months

Refusing a drug test means losing your licence for at least 2 years. Police can also suspend your licence on the spot for drug impaired driving or for refusing a drug test or assessment.

Medicinal cannabis. From 1 March 2025, if you test positive for THC and you were using medicinal cannabis as prescribed, the magistrate can decide whether or not to cancel your licence. This discretion applies only in court. If you get an infringement notice and don't object within 28 days, your licence is suspended for 6 months automatically. It's still an offence to drive with any THC in your system, and the impaired driving laws haven't changed, so fines and other penalties can still apply. The change is about licence loss only. It isn't a defence to the charge.

Getting your licence back

After a drink driving disqualification you apply to VicRoads for a new licence. No court order is needed, unless you were also disqualified for a drug only offence or a serious offence such as culpable driving. Then you need a licence eligibility order from the Magistrates' Court first. The steps are:

  1. Serve the disqualification. Any time under immediate suspension is taken off it.
  2. Do a behaviour change program. Your VicRoads letter says which one. The Drink Driver Program is for a first offence under 0.15 with no drugs, and runs as two 3.5 hour sessions a week apart. The Intensive Drink and Drug Driver Program is for a repeat offence, a reading of 0.15 or more, alcohol and drugs together, refusals and driving under the influence. It's three 3.5 hour group sessions plus one on one counselling, over three weeks. You need a program for every offence, even if you've done one before. Providers set their own fees, plus a cost recovery fee of $67, or $34 for eligible concession card holders. There can be waiting lists, so start early.
  3. Have an alcohol interlock fitted. It must be installed by an approved supplier, who signs the installation certificate you need to get your licence back. The car won't start at a reading of 0.02 or more.
  4. Apply to VicRoads. Driver Relicensing Services is on 1300 723 790.
OffenceMinimum interlock period
First offence, any reading, including refusing a test or driving under the influence6 months
Second over the limit offence, under 0.1512 months
Any other repeat offence, such as a second at 0.15 or more, a third offence or a repeat refusal4 years

The minimum is the earliest you can apply to have the interlock removed. Removal isn't automatic. The months don't need to be in a row, but if you don't drive at all for six months or more, you start collecting interlock data again. Before you apply for removal you do a 2 hour pre-interlock removal program.

Zero alcohol. After the interlock comes out, a Z condition means your reading must be zero whenever you drive, for three years.

Melbourne courts and free help

Most Melbourne drink driving cases are heard at the Melbourne Magistrates' Court or at a suburban Magistrates' Court. Check the court and date on your charge sheet or summons.

CourtAddress
Melbourne Magistrates' Court233 William Street, Melbourne
Broadmeadows Magistrates' CourtCorner Pearcedale Parade and Dimboola Road, Broadmeadows
Dandenong Magistrates' Court35 Pultney Street, Dandenong
Frankston Magistrates' CourtFletcher Road, Frankston
Heidelberg Magistrates' CourtJika Street, Heidelberg
Moorabbin Justice Centre1140 Nepean Highway, Highett
Ringwood Magistrates' Court39 Ringwood Street, Ringwood
Sunshine Magistrates' Court10 Foundry Road, Sunshine
  • Victoria Legal Aid: 1300 792 387, Monday to Friday, 8am to 6pm, or Legal Help Chat online. Its Help Before Court service is free for eligible people with criminal charges, including some driving charges. It doesn't help with a fine you've elected to take to court
  • Duty lawyers: Victoria Legal Aid duty lawyers are at most Magistrates' Courts, including Melbourne. Not everyone is eligible, as it depends on your charges and circumstances. Ask court staff on the day
  • Community legal centres: most of their services are free. Find one through the Federation of Community Legal Centres
  • Victorian Aboriginal Legal Service: 1800 064 865
  • Djirra: 1800 354 772
  • Law Institute of Victoria: its referral service can put you in touch with a firm for a free 30 minute first interview about your problem and costs. It isn't 30 minutes of free legal advice

Melbourne drink driving law: common questions

Will I lose my licence for a first drink driving offence?

Yes, if you're found guilty or you don't object to an infringement. Your licence is cancelled and you're disqualified for at least the minimum for your reading. In court that's 6 months at 0.05 to under 0.10, then 10 months at 0.10, rising a month for each 0.01 to 24 months at 0.24 or more. A 3 month period applies to a zero BAC driver under 0.05, and to some infringements at 0.05 to under 0.07 for drivers aged 26 or older.

Should I accept the infringement or go to court?

It depends on your reading, your record and your circumstances. If you don't object within 28 days, a conviction is recorded and your licence is cancelled for the set period. In court the minimum is the Schedule 1 period for your reading. For most people that's the same as on an infringement, but if you're 26 or older, not a zero BAC driver and read 0.05 to under 0.07, the infringement period is 3 months while the court minimum is 6 months. The magistrate can also set a longer disqualification and impose a fine. Get advice before the 28 days run out.

Can I appeal an immediate licence suspension?

Yes. You apply to the Magistrates' Court under section 85S of the Road Safety Act 1986, and for a drink driving suspension you must show exceptional circumstances. You must give police and the court registrar at least 14 days' written notice, so don't wait.

What happens if I refuse a breath test?

Refusing is a separate offence that goes to court. The minimum disqualification is 2 years for a first offence and 4 years for a subsequent one, police can suspend your licence on the spot, and you'll need an interlock when you get your licence back. The first offence fine is up to 12 penalty units.

How long will I need an alcohol interlock?

At least 6 months after a first offence, 12 months after a second over the limit offence under 0.15, and 4 years after any other repeat. That's the earliest you can apply to remove it, and removal isn't automatic. After it comes out, you're on a zero alcohol condition for three years.

Do I need to go to court to get my licence back?

Not usually. After drink driving you apply to VicRoads once your disqualification ends, after a behaviour change program and with an interlock fitted. You need a licence eligibility order from the Magistrates' Court only if you were also disqualified for a drug only offence or a serious offence such as culpable driving.

Is there such a thing as an accredited drink driving lawyer?

No. The Law Institute of Victoria doesn't accredit specialists in traffic or drink driving law. The specialists named on this page are LIV accredited criminal law specialists, as each firm's website describes them.

General information only, not legal advice.

Related pages

Sources for the legal information on this page