There are two ways that a person may have their drivers licence cancelled and or disqualified for drink driving offences:

1. Following an on-the-spot ticket
2. By order of a Court.

If you lost your licence as a result of an on-the-spot infringement, the licence cancellation and disqualification period operates 28 days after the issue of the infringement. In this situation, for the purpose of making an Application for Licence Restoration, you must supply the Court with a copy of the infringement notice or an extract of your driving history which is obtained from VicRoads.

If you lost your licence at a Victorian Magistrates Court, you merely need to attend the nearest Magistrates’ Court venue to where you reside to make an Application for Licence Restoration. The Court will ask for the appropriate fee and fix a hearing date for your application a minimum of 28 days later, the date also being after your disqualification period has ended. During this time the police will contact you to arrange an interview regarding your application.

You should attend the Court at least 28 days before your licence or permit disqualification period ends to lodge your application and pay the fee. You may lodge your application prior to the end of the disqualification period, but the Court can only hear it once the period of your disqualification is finished.

If your application for a Licence Restoration is successful, you will be given a form to take to Vic Roads so that you can arrange to have your licence issued.

If you are unsure about how you go about getting your licence back or what category you may fit into, please contact your nearest Magistrates’ Court for further advice.

• If your offence was committed on or before10 October 2006, provided it was your first offence* and your Blood Alcohol Content (BAC) was less than 0.10%, you may apply direct to VicRoads to be re-licensed.
• If your first offence* was committed on or after 11 October 2006 provided your were over 25 years of age at the time of the offence, the holder of a full Victorian Drivers licence and your Blood Alcohol Content (BAC) was less than 0.07%, you may apply direct to VicRoads to be re-licensed.

For any offence other than those described in the two points above, you are required to apply to the Court for a Licence Restoration order to be re-licensed.

*A first offence includes any previous drink driving conviction or finding of guilt which is:

1. 1. more than 10 years old and
   2. you have been re-licensed after that offence.

If it was your first offence with a BAC reading under 0.150% it is not mandatory to complete a drink driving course unless you were under 25 years of age or the holder of a probationary driver licence at the time of the offence. However nearly all Magistrates in Victoria require that you complete such a course to gain a better understanding of the effects of alcohol in your system and how it impairs your driving ability.

A Magistrate may refuse a re-licensing application or adjourn the application in order for you to complete a drink driving course. It is therefore advisable that you complete the drink driving course to ensure no unnecessary delay in obtaining your licence back.

VicRoads can also request that you complete a Driver Education Course before giving you your licence back.

1. All drivers convicted or found guilty of a drug driving offence must complete a drug assessment from an accredited agency at least six months before the hearing to be re-licensed. You will also need a second assessment and report that is required to be completed within the 28 day period before the court hearing.
   
   
2. If your licence was cancelled -
   • On or before 13 May 2002 for a repeat drink driving offence, or,
   • For a first drink driving offence on or before 10 October 2006 and the BAC level was 0.15% or more,

you must obtain 2 reports from an accredited drive education agency before your application to get your licence back is finalised. These reports are:

• • An assessment report at least 12 months before applying for the Licence Restoration Order, which assesses your use of alcohol, and
  • A second assessment and a Licence Restoration Report within 28 day period immediately before your Court hearing to be re-licensed.

The 12 month period between your first assessment and second assessment may be reduced in exceptional circumstances only by order of the Court. If the Court grants a Licence Restoration order in relation to the above offences, it may impose an alcohol interlock condition on your licence.

3. If your licence was cancelled after 13 May 2002 for a repeat drink driving offence, or if your first drink driving offence was committed after 10 October 2006 with a BAC level of 0.15% or more, you need to obtain a Licence Restoration Report from an accredited driver education agency within the 28 day period before the court hearing to be re-licensed. You do not need to obtain an assessment report 12 months before applying to be re-licensed, as the Court must impose an alcohol interlock condition on your licence if it grants your application. Where a Magistrate grants an application to be re-licensed and makes it a condition of your licence that any vehicle you drive be fitted with an Alcohol Interlock Device, another assessment is required within the 28 day period before attending court for an order to remove the Interlock Device.

For accredited driver education programs and accedited agencies, contact DIRECT line on: 1800 888 236