Melbourne Drink Driving Lawyers
Before you speak to the police, we recommend that you contact a lawyer to discuss what you say to the police.
You should review our criminal law FAQs section which provides general advice on arrest and detention.
Police will usually charge you with multiple alternative offences, which is known as ‘loading up’.
It is essential that you get legal advice before you comment on the allegations. It is important to know that in Victoria you do not have a right to be legally represented at interview. You have a right to communicate with a legal practitioner, or attempt to communicate with a legal practitioner, that is, to make a telephone call.
Sometimes this is not always convenient.
Police will usually say before the interview ‘this is your opportunity to tell your story’. Be wary of this advice!
Expert Drink Driving Lawyer
In Victoria, the penalties for being found guilty of drink driving changed in 2018, to become much harsher.
Since 30 April 2018, the penalties in Victoria for being found guilty of drink driving have become much harsher.
You may also be charged with multiple offences.
The maximum penalties for the most common drink driving offences are as follows:
As of 1 July 2021, the value of one penalty unit is $181.74
In addition to these penalties, you will also automatically be penalised with the following:
- have your licence disqualified for a period of 3 – 48 months, depending on your BAC reading and whether it was your first or subsequent offence
- be required to have an interlock device fitted to your car for between 6-48 months, depending on your BAC reading and whether it was your first or subsequent offence
- complete a behaviour change program as well as receive the following penalties
If you have been charged, or previously charged, with a drink driving offence, we can help protect your future and have the experience required to help you avoid or minimise any penalties, including terms of imprisonment.
For more information from an experienced drink driving lawyer in Melbourne, contact us on (03) 9995 9155
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FAQ
Drink Driving Offences FAQs
What is considered drink driving in Victoria?
Drink driving occurs when a driver’s blood alcohol concentration (BAC) exceeds the legal limit of 0.05%, or any detectable alcohol level for learner or probationary drivers.
What penalties apply for drink driving offences?
Penalties range from fines, licence suspensions, mandatory alcohol education programs, to imprisonment for repeat or serious offences.
Can I refuse a breath or blood test?
Refusing a lawful breath or blood test is an offence and can result in additional penalties, including licence suspension and fines.
What should I do if I’m charged with drink driving?
Seek legal advice immediately. A drink driving lawyer can review your case, explain your rights, and help build a strong defence.
Can drink driving charges be reduced or dismissed?
Depending on circumstances, charges may be reduced or dismissed if there are procedural errors or doubts about the accuracy of the tests.
How long does a drink driving conviction stay on my record?
Convictions remain on your criminal record and can affect insurance, employment, and travel for many years.
Can I get bail if charged with drink driving?
Bail is usually granted but depends on factors like your history and the circumstances of the offence.
Are there special considerations for repeat drink driving offenders?
Yes. Penalties become more severe with repeated offences, including longer licence disqualifications and higher fines.
Can I apply for a restricted licence after a drink driving offence?
In some cases, you may apply for a restricted or work licence during your disqualification period.
Why should I hire a specialist drink driving lawyer?
Drink driving laws are complex, and penalties harsh. A specialist lawyer can navigate the legal system and work to minimise consequences.