Drink Driving Lawyers Melbourne

Our criminal defence solicitors are highly experienced in representing Drink Driving offenders in Victoria. James Dowsley, Domenic Care & Brett Barratt have been recognised as leading lawyers in relation to driving and traffic offences by the Doyle’s Guide.

Depending on your licence type, the operation of a vehicle with any or a certain amount of alcohol in your system is illegal

There are different levels of drink driving offences and it is important to understand the possible penalties and license disqualification periods in relation to each of those offences
Drug driving is another offence where the maximum penalty available to the court and the license disqualification period can depend upon whether it is the first occasion you have been found guilty of that offence or a subsequent occasion

James Dowsley & Associates are drink driving lawyers in Victoria that have many years of experience in providing advice and court representation for all traffic offences.

The Process

The crime of drink driving is usually identified by a breath test at a roadside booze bus or after being pulled over by the police.

In the case that your breath test result indicates a blood alcohol concentration (BAC) higher than the legal limit for your licence type, these steps may follow:

For certain offences, the police may immediately suspend your licence until your charges are heard in court
This means you cannot drive as soon as the suspension is put in place and you may need to find another way home
The police may impound (confiscate) your vehicle immediately
You may be asked by police to return to the police station for a secondary breath test

Your charges, if laid, will be explained to you and you will receive a summons to attend court on a certain date
You will either receive an infringement notice from police or have a hearing before the Magistrates’ Court and will be required to plead guilty or not guilty
If found guilty, the Magistrate will impose a penalty, which can range from a small fine and loss of licence to a term of imprisonment
Mandatory license disqualification periods apply to drink driving offences

Types of Drink Driving Charges

According to Victorian laws, as laid out in the Road Safety Act 1986 (Vic), it is illegal to drive a motor vehicle with a blood alcohol concentration (‘BAC’) of 0.05 or higher for all drivers.

P and L Platers must have a zero BAC reading while driving at all times, with no detectable alcohol in their breath test at all.

Penalties for drink driving offences regularly include loss of licence, a fine, installation of an alcohol interlock device in your vehicle and attendance to a Drink Driver Behaviour Change Program.

The severity of your charge and punishment depends on several factors including:

Whether this is your first drink driving offence
What type of licence you hold
Your age at the time of the offence
How high your blood alcohol concentration was

It is not a defence to say you thought you were under the limit, however JDA’s drink driving offence lawyers may be able to identify defences that relate to your case and represent you in the Magistrates’ court.

See below for details on the levels of drink driving charges in Victoria.

For those with a learner’s permit, P plates or a zero alcohol condition driving with any alcohol in your system even if you have a BAC under .05 is illegal.
If you are caught with any alcohol in your system you may face the following penalties:
- A fine
- Cancellation of your licence or permit
- Compulsory attendance to a Drink Driver Behaviour Change Program
- Having an alcohol interlock system installed in your vehicle for a certain amount of time
- Having a zero BAC limit for at least three years
Subsequent drink driving offences may incur higher penalties, even if your BAC is low range.
For those with a regular full licence it is illegal to drive with a BAC of .05 or higher. Penalties include:
- A fine
- Being prohibited from driving for a certain amount of time
- Cancellation of your licence or permit
- Compulsory attendance to a Drink Driver Behaviour Change Program
- Having an alcohol interlock system installed in your vehicle for a certain amount of time
- Having a zero BAC limit for at least three years
Secondary or subsequent drink driving offences will likely result in higher penalties.
If the tests reveal you have a BAC of 0.7 or above, but below .15 you may be required to:
- Pay a fine
- Be disqualified from driving for a certain amount of time
- Attend a Drink Driver Behaviour Change Program
- Have an alcohol interlock system installed in your vehicle for a certain amount of time
- Have a zero BAC limit for at least three years
If you are caught drink driving more than once, the penalties will likely increase.
In the case of a high range drink driving Victoria, in that your breath test reveals a BAC of .15 or higher, you may incur more significant penalties than indicated above including Community Correction Orders and terms of imprisonment.
If this is a secondary or subsequent offence you may face harsher penalties.

Serious offences that may relate to Drink Driving:

Refusing a breath test

Failing to stop at a police intercept where they are testing drivers for the presence of alcohol or drugs in their system
Driving under the influence of other prohibited substances
The penalties in relation to loss of license are often more significant for refusing a breathe test or oral fluid test than what the penalties are for drink and drug driving

Drink driving and drug driving offences are complicated. You should seek the advice of one of our expert traffic offence lawyers as soon as possible if charged with an offence of this kind.