Short answer
In Victoria you may drive once your blood alcohol is below 0.05, or 0.00 if you hold a learner, probationary or provisional licence. How long that takes depends on how much you drank and over what period, along with your sex, age and metabolism. No rule of thumb is reliable enough to drive on.
Key takeaways
- Full licence: below 0.05. Learner, probationary and provisional: 0.00.
- Taxi, bus and heavy vehicle drivers must also register 0.00.
- A 150ml restaurant pour of red wine is about 1.6 standard drinks, not one.
- You can be charged the morning after. It happens often, and to people who had no idea.
- Drink driving is absolute liability. Believing you were under the limit is not a defence.
- Coffee, cold showers and food do not lower your BAC. Only time does.
Jump to a section 5
In Victoria, being caught driving under the influence of alcohol carries heavy fines, licence loss, and potential vehicle impoundment. In aggravated circumstances or with a poor driving history, it can result in jail time.
For road safety and legal compliance, you are legally allowed to drive once your blood alcohol content (BAC) is below 0.05, or 0.00 if you hold a learner, probationary, or provisional licence. How long it takes your BAC to return to zero depends on how much alcohol you have consumed, over what period, along with your sex, age, and how your body metabolises alcohol.
What is blood alcohol content (BAC)?
Blood alcohol content is a measure of how much alcohol is in your bloodstream, expressed as a percentage. Police use this measurement to charge drivers who are over the legal limit.
In Victoria, the legal limit for full licence holders is below 0.05. Learners, probationary, and provisional licence holders must register 0.00. Taxi, bus, and heavy vehicle drivers must also maintain a 0.00 reading.
While full licence holders are given slightly more allowance, this does not mean it’s safe to drive after drinking. BAC varies significantly from person to person due to differences in metabolism. Even below the legal limit, alcohol’s effects on vision, reaction time, and motor skills can still impair your driving.
How is BAC measured?
BAC refers to the grams of alcohol per 100 millilitres of blood. A reading of 0.05 means 0.05 grams of alcohol for every 100 millilitres of blood in your system.
How long does it take for alcohol to leave the body?
According to the Alcohol and Drug Foundation, the average man can have two standard drinks in the first hour and one standard drink each hour after to stay under 0.05. For the average woman, one standard drink in the first hour and one each hour after will typically produce a reading under 0.05. In practice, there is no safe rule of thumb. Too many factors influence your BAC for any guideline to apply reliably.
A range of factors affects how your body processes alcohol, including liver health, body size, metabolism, any medications you’re taking, and how much food you’ve eaten while drinking.
What counts as a standard drink?
A standard drink is not a 150ml restaurant pour of red wine. At 13.5 per cent alcohol that is 1.6 standard drinks. A full-strength 375ml can of beer at 4.8 per cent alcohol is 1.4 standard drinks. Check the label on the bottle: if you’re drinking wine, stick to a 100ml pour; if you’re drinking beer, stick to mid-strength. A 30ml nip of spirits is generally one standard drink, but pre-mixed spirits can range from around 1.4 to 2.1 standard drinks depending on alcohol percentage. Always check the can.
Can I drive the next day after drinking?
To avoid the risk of drink driving, it’s safer to wait at least 12 to 24 hours after drinking before getting behind the wheel, particularly after a big night. I’ve represented multiple clients who were caught driving the day after drinking with no idea they were still over the limit. In some cases, they hadn’t drunk a large amount, but their age and a slower-functioning liver kept their reading high for longer than expected.
Possible defences for DUI
What if I honestly believed I was under the limit?
Drink driving is an absolute liability offence in Victoria, so you can be charged regardless of your intentions. The Supreme Court of Victoria has determined that the defence of “honest and reasonable mistake of fact” does not apply to drink driving charges. Believing you were under the limit, even reasonably, will not protect you from a charge.
What if I had to drive after drinking because of an emergency?
A defence of sudden or extraordinary emergency does exist, but it’s narrow. You would need to satisfy the court that a genuine emergency existed and that driving was the only objectively reasonable response available to you. Courts are reluctant to accept this defence unless the circumstances are genuinely compelling. Minor inconveniences or scheduling pressure will not qualify.
If you’ve been charged with drink driving and believe an emergency or another circumstance affected your case, it’s worth discussing the specific facts with a lawyer before your court date. Some defences are available only in narrow situations, and getting advice early gives you the clearest picture of your options.
Frequently asked questions
How long after one standard drink can I drive?
There is no fixed answer. BAC depends on your weight, sex, metabolism, and what you’ve eaten. As a general guide, one standard drink takes roughly an hour to clear for an average-sized person, but this varies enough that it shouldn’t be relied on as a rule.
Can I be charged with drink driving the morning after a big night?
Yes. If your BAC is still over the legal limit the next morning, you can be charged exactly as you would be the night before. Heavy drinking can keep your BAC elevated well into the following day.
Does food slow down how alcohol affects my BAC?
Eating while drinking can slow the rate at which alcohol enters your bloodstream, but it does not lower your overall BAC or speed up how quickly your body processes the alcohol you’ve consumed.
Is the legal limit different for P-plate drivers?
Yes. Learner, probationary, and provisional licence holders must maintain a BAC of 0.00. They are not entitled to the 0.05 allowance given to full licence holders.
Can coffee or cold showers lower my BAC faster?
No. Coffee, cold showers, and similar remedies do not lower BAC. Only time allows your body to process and clear alcohol from your system.
What happens if I refuse a breath test instead of taking one?
Refusing a breath test is a separate offence in Victoria and generally carries harsher penalties than the drink driving charge itself.
Will a low BAC reading still result in a criminal record?
A drink driving conviction, even at a low BAC reading, is recorded and can appear on your traffic and criminal history depending on the circumstances and any prior offences.
Should I get legal advice if I’m not sure whether I was over the limit?
Yes. If you’re uncertain about your BAC reading, the testing procedure, or whether a defence might apply to your situation, speaking with a lawyer before your court date can clarify your options.
Charged with drink driving in Victoria?
If you’ve been charged after driving the morning after drinking, or you believe the circumstances of your case involve a genuine defence, Christopher Sheen can talk you through your options. As a former Victoria Police officer and barrister, Christopher represents clients directly in court at a fixed fee, with no junior handoffs.
Book a consultation to discuss your case.
