Our criminal defence solicitors are highly experienced in representing Drink Driving offenders in Victoria
- Depending on your licence type, driving 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 of your charge
- James Dowsley & Associates has many years of experience in providing advice and court representation for all severities of Drink Driving charges
Need immediate assistance in relation to a Drink Driving charge or offence?
Call James Dowsley & Associates 24/7 on (03) 9781 4900
Types of Drink Driving Charges
According to Victorian laws, as laid out in the Road Safety Act 1986, it is illegal to drive a motor vehicle with a BAC of 0.05 or higher for most drivers.
Anyone with a zero BAC licence, such as P Platers, must have no detectable alcohol in their breath test.
Penalties for breaching the drinking conditions of your licence 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 BAC was
It is not a defence to say you thought you were under the limit, however JDA’s Drink Driving lawyers may be able to identify defences that relate to your case and represent you in a court of law.
See below for details on the levels of Drink Driving charges in Victoria.
BAC below .05
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’re 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.
BAC of .05 to .069
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
Whether you are under 26 years of age, may impact the length of the penalties imposed.
Secondary or subsequent Drink Driving offences will likely result in higher penalties.
BAC from .07 to below .15
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.
BAC of .15 or more
In the case that your breath test reveals a BAC of .15 or higher you will incur similar penalties as above, as well as being required to attend an Intensive Drink and Drug Driver Program.
If this is a secondary or subsequent offence you may face harsher penalties.
Serious offences that may relate to Drink Driving:
- Negligently Causing Serious Injury arising from the driving of a motor vehicle
- Culpable Driving causing death
- Dangerous Driving causing death or serious injury
- Visit Driving & Traffic Offences for more information on related road crimes
Other non-BAC Drink Driving related offences include:
- Refusing a breath test
- Failing to stop at a booze bus
- Driving under the influence of other prohibited substances
Need a Criminal Lawyer in Melbourne for
a Drink Driving Charge?
Call James Dowsley & Associates any time of day for expert advice on a Drink Driving charge. Our line is open 24 hours a day:(03) 9781 4900.
