Drink driving charges in Melbourne can lead to significant penalties, including fines, licence suspension, or even imprisonment. However, depending on your circumstances, there may be defences available to challenge the charges or reduce their severity.

In this blog, we’ll explore some of the common defences used in drink driving cases. Learn how a traffic offence lawyer in Melbourne can help you achieve the best possible outcome.

Disclaimer: please note that the information provided in this blog post is a guide only. It does not constitute legal advice. For tailored legal counsel, please call James Dowsley & Associates on (03) 9781 4900.

lawyer discussing drink driving charges with a client in melbourne defences for drink driving charges in melbourne

Understanding drink driving charges in Victoria

Drink driving is a serious offence in Victoria, with strict laws and significant penalties designed to deter unsafe driving. The penalties you face depend on several factors, including:

Your blood alcohol concentration (BAC),
Whether it’s a repeat offence, and
The circumstances surrounding your case.

BAC Limits in Victoria

The legal BAC limit for most drivers is 0.05%. However, some drivers must maintain a zero BAC, including learner, probationary, and professional drivers.

Exceeding these limits can result in penalties such as fines, licence suspension, and mandatory alcohol education programs.

Potential penalties for drink driving

Penalties vary based on your BAC level and whether it’s your first offence. Examples include:

Low-range (.05 to .069 BAC)

Fines, demerit points, and possible licence suspension

Mid-range (Between .07 and less than .15 BAC)

Heavier fines, longer suspensions, and mandatory interlock devices.

High-range (0.15 BAC or higher)

Substantial fines, lengthy suspensions, and possible imprisonment.

Repeat offences or circumstances involving harm to others can lead to significantly harsher penalties. Discover more about demerit points and licence suspension.

Repeat offences and other circumstances can significantly influence the penalties for drink driving. These circumstances may include:

The type of licence held (e.g., learner, P1, P2, or full licence with a 0 BAC condition),
The age of the driver (e.g., under or over 26 years), and
The specifics of the offence.

Please note that this information serves as a guide only. Penalties are subject to individual circumstances and judicial discretion.

Refusing a breath test

Refusing a breath test is considered a serious offence in Victoria. It is treated separately from offences directly related to your blood alcohol concentration (BAC).

Under Victorian law, refusing a breath test is an offence if you are pulled over for suspected drink driving. Police have the authority to:

Require a breath test if they believe you were driving or attempting to drive under the influence.
Charge you for refusing a test, which often carries penalties as severe as high-range drink driving offences

Similarly, understanding your rights when disputing other offences like speeding can be helpful. Learn more in our blog on how to fight a speeding fine.

Other drink driving offences include:

Manslaughter arising from the driving of a motor vehicle
Negligently causing serious injury while driving
Exposing emergency or custodial workers to risk while driving
Culpable driving causing death
Dangerous driving causing death or serious injury
Refusing to stop at a booze bus

Common drink driving defences

While drink driving charges are serious, some defences may be available depending on the circumstances of your case.

It’s important to note that these defences are not guaranteed to succeed. They will depend on the evidence and facts presented in court. Hiring an experienced traffic lawyer is essential to explore your options.

1. Challenging the accuracy of BAC tests

Breath tests and blood tests are not infallible. Common issues that may affect accuracy include:

Faulty or improperly calibrated breathalysers
Errors in administering the test or recording results
Delays between driving and testing, which could alter BAC levels

These issues can sometimes lead to charges being reduced or dismissed. Understanding the impact of traffic convictions on your record can help you prepare for possible outcomes.

2. Failure to follow proper procedures

Police must follow strict legal procedures when conducting breath tests. Examples of procedural errors include:

Failing to inform you of your rights before administering the test
Not conducting the test within the required timeframe after you stopped driving

If procedural mistakes are identified, they may form the basis of a defence.

3. Medical or health conditions

Certain medical conditions can influence BAC readings, such as:

GERD (gastroesophageal reflux disease), which can cause alcohol to enter the breath from the stomach
The use of certain medications that affect test results

For a defence of this nature, we would need to obtain expert medical expert advice in the preparation of the case.

4. Necessity or duress

In rare cases, a defence may involve necessity or duress, such as:

Driving in an emergency situation to avoid greater harm
Being forced to drive under threat or coercion

Courts will carefully assess whether these circumstances are valid.

5. Incorrect identity

If there is doubt about who was driving the vehicle at the time of the offence, this may form a defence. For example:

The accused was not the driver when the offence occurred
Insufficient evidence to prove the identity of the driver

Factors that may strengthen your case

Certain factors may improve your chance of a favourable outcome. These may include:

Dashcam footage or witness statements: Evidence supporting your version of events can strengthen your defence.
Medical records: Health conditions or medications affecting BAC readings may provide grounds for challenging charges.
Good character references: Positive references can demonstrate your reliability and responsibility, especially for first offences.
Police conduct: Errors in procedure or improper treatment during your arrest could weaken the prosecution's case.
Remorse and rehabilitation: Voluntary steps, such as alcohol education programs, show accountability and a commitment to change.
Legal representation: A skilled traffic lawyer can identify weaknesses in the case against you and present a compelling defence.

Take the next step with expert legal support

Understanding the process of going to court for traffic offences can help you prepare.

If you’re facing drink driving charges, understanding the process of going to court for this traffic offence can help you feel more prepared. While Victoria’s drink driving laws are strict, certain defences may improve your outcome.

Navigating these charges can be overwhelming. A skilled drink driving lawyer can guide you through the process and build a tailored defence.

Are you facing drink driving charges? Do you need advice about a traffic offence? James Dowsley & Associates is here to help. Call us 24/7 on (03) 9781 4900 or request your FREE consultation now.