I Lost My Licence: How Do I Get It Back?

Getting another licence is not automatic after the old one was cancelled. Some people can apply to VicRoads and VicRoads re-issues the licence. Others will first need to go to court for a licence eligibility hearing. This is a hearing where a magistrate may give you a licence eligibility order. Then you apply to VicRoads.

Can I go directly to VicRoads?

You can apply to VicRoads after serving your disqualification period for a drink-driving offence if:

• the offence happened after 30 September 2014
• this is your first drink-driving offence (within 10years).
• your blood alcohol concentration (BAG) was under 0.10.

Before this date, you can also apply to VicRoads if your BAG was less than 0. 07.

Do I have to go to court first?

You have to go to court first before you can go to VicRoads if your licence was cancelled for any of the following:

• drink-driving before 1 October2014 if your BAC was 0.07 or more
• drink-drivingafter30 September2014if your BAC was 0.10 or more
• any drink-driving offence if this was not your first offence (within 10 years)
• drug-driving
• combined drink-driving and drug-driving offence
• culpable driving or a serious alcohol-related offence
• refusing to give a sample of blood, saliva or urine.

You will also have to go to court for any other offences that may need an alcohol interlock condition on your licence. The magistrate may not make the licence eligibility order if you have unpaid court fines for the driving offence.

How much does it cost?

There are fees to get a new licence;

• Magistrates' Court: about $110 to apply for the hearing. There are no discounts or concessions
• VicRoads - a fee for re-issuing your licence.

How do I apply for a licence eligibility hearing?

Get all reports and documents

Find out what reports and other documents you need before you apply to court for this hearing. For example, you will need a copy of your driving record from VicRoads.

The things you need to get will depend on:

• the offence you were guilty of
• when the offence happened
• if you have been guilty of drink-driving or drug-driving before.

Do a behaviour change program or a driver education course

Anyone who is found guilty of drink-driving or drug-driving after 29 April 2018 must successfully complete a behaviour change program. There are different programs depending on whether you were guilty of drink-driving or drug-driving. If this is not your first offence, you will have to do an intensive program. If you were caught before this date, you may have to complete a driver education course before you go to court. Contact a provider as soon as you lose your licence. You may have to wait for a spot. The provider will explain what you have to do. The course may cost over $300. Costs may vary so shop around.

Visit the VicRoads website or call DirectLine for provider details.

Apply to court

Go to your nearest court at least 28 days before your licence cancellation is due to end. The court will set a date to hear your application. The hearing will take place after your disqualification period ends. Check with the court to make sure you have all the documents you need.

How do I prepare for the hearing?

To get a new licence you must prove to the magistrate that it is safe for you to be back on the road.

You have to show them that:

• you have changed your lifestyle and have ways to drive
• without drinking or taking drugs
• you no longer drink alcohol heavily
• you know how serious drink-driving or drug-driving is.

What will police do before the hearing?

The police may speak to you before the hearing. They will ask you questions about how much you drink. They take notes of what you say and give a report to the prosecutor. At the hearing the prosecutor will tell the magistrate what you said to the police.

What will the magistrate want to know during the hearing?The magistrate will ask questions to make sure that you are no longer at risk of drink-driving or drug-driving. If your licence was cancelled for drink-driving, they will want to find out how often and how much you drink. For example, the magistrate may ask how often you drink a week and how much do you drink each time.

If the magistrate asks you the same questions as the police, tell the magistrate what you told the police earlier. Otherwise the magistrate may not believe you are telling the truth. The magistrate will want to know what you have learned from the behaviour change program. They might ask how your lifestyle has changed and how you plan to get home after drinking or taking drugs.

The magistrate will also ask you about what might happen if you are caught drink-driving or drug-driving again. This includes jail, losing your licence for longer and perhaps, more importantly, killing or seriously injuring other road users. If your licence was cancelled for drug-driving, the magistrate will ask you questions about your drug use.

What can the magistrate decide?

The magistrate can:

• make a licence eligibility order with a condition that you
• get an alcohol interlock put in your vehicle
• not make the licence eligibility order.

The magistrate will make their decision based on the evidence from the police, the agency reports and what you said to the police and in court.

If your offence was for drink-driving, the magistrate may have no choice and can only make the order if you agree to have an alcohol interlock put in your vehicle. This depends on when the offence happened, what your BAC was and whether you have been caught drink-driving before. It also depends on whether the magistrate who cancelled your licence decided that you were under the influence of alcohol and that this was a reason why you committed the offence.

If you were caught drink-driving after 29 April 2018, the magistrate must make a licence eligibility order that includes an alcohol interlock condition.

What do I do if the magistrate makes the order?

Get a copy of the court order. Take this to a VicRoads Customer Service Centre to get your licence re-issued. Remember, VicRoads will charge a fee for this.

If the magistrate does not make the order, can I appeal?It is probably quicker, cheaper and easier to apply for another licence eligibility hearing. You need to think about the magistrate's reasons for refusing the order. Follow the magistrate's instructions before applying again.

Where to get help

DirectLine

For help finding a behaviour change program providers.

Tel: 1800 888 236

Website: www.directline.com.au

Magistrates' Court

For more information about applying to get a new licence.

Website: www.mcv.vic.gov.au

VicRoads

For information about getting a new licence and finding your closest VicRoads Customer Service Centre.

Tel: 131 171 or Driver Relicensing Service on 1300 723 790

Website: www.vicroads.vic.gov.au