Drink Driving Offences in Victoria
Have you received a traffic infringement notice or been charged with a drink driving offence in Victoria? Read on to understand your options and the next steps to take, and contact Loftgood Legal.
Types of drink driving offences
The two main drink driving offences that people can be charged with are exceeding the prescribed concentration of alcohol or refusing to undertake a breath test. Both offences carry serious consequences, including mandatory licence disqualification.
Drink driving offences are heard and determined at Court, and in some cases by way of a Traffic Infringement Notice.
Traffic Infringement Notice
If you have received a Traffic Infringement Notice for drink driving, the notice will set out the alleged offence, the fine amount, and your options for dealing with the fine.
The infringement notice will also set out the licence disqualification period applicable to your offence, which will depend on the alcohol reading and the status of your licence.
If you have received a drink driving infringement notice, the only way to contest the charge is to elect to have the matter heard at Court.
Before electing to go to court, you should obtain legal advice, as you may find that you are subject to mandatory penalties that the court cannot change, and in some cases, will increase.
Contact Loftgood Legal for a confidential discussion on your options.
Going to Court
If you elect to take a drink driving matter to court, or are directly charged and summonsed to court, you can choose to plead guilty or not guilty to the alleged offence.
Guilty plea
You can choose to plead guilty. The Magistrate will hear about your personal circumstances and then sentence you. Loftgood Legal are experienced at assisting people prepare a guilty plea to get the best court outcome possible.
Not guilty plea
If you choose to plead not guilty, you will need a defence. Loftgood Legal are experienced at assisting people to identify valid defences and running contested hearings at court.
Valid Defences
You could have a valid defence in certain circumstances, such as:
- You were not the driver of the vehicle
- The test for alcohol was taken more than 3 hours after you were driving
- The device used for testing was not working properly
It is not a defence to say you believed that you were under the limit.
Penalties for drink driving
Drink driving can come with a variety of penalties such as fines, licence loss, and in some circumstances, jail time.
Licence loss
Drink driving offences carry a mandatory minimum licence disqualification period.
Your licence will also be cancelled, and you will need to reapply for your licence through VicRoads at the conclusion of any disqualification period.
These minimum periods before are set out in Schedule 1 of the Road Safety Act 1986 and are mainly determined by your blood alcohol content (BAC).
- 3 months if you are a Learner Driver, P Plater, or full licence holder with a zero-alcohol condition and your BAC is under than 0.05
- 3 months if you are over 26 years old, fully licenced and your BAC is under between 0.05 and 0.069, or 6 months if you elect to have your traffic infringement notice heard at court
- 6 months if you are a Leaner Driver, P Plater, under 26 years old, or fully licenced with a zero-alcohol condition and your BAC is between 0.05 and 0.069
If your BAC is above 0.069, then you are disqualified from driving for at least:
- 6 months if BAC 0.07 or more but less than 0.10
- 10 months if BAC 0.10 or more but less than 0.11
- 11 months if BAC 0.11 or more but less than 0.12
- 12 months if BAC 0.12 or more but less than 0.13
- 13 months if BAC 0.13 or more but less than 0.14
- 14 months if BAC 0.14 or more but less than 0.15
- 15 months if BAC 0.15 or more but less than 0.16
- 16 months if BAC 0.16 or more but less than 0.17
- 17 months if BAC 0.17 or more but less than 0.18
- 18 months if BAC 0.18 or more but less than 0.19
- 19 months if BAC 0.19 or more but less than 0.20
- 20 months if BAC 0.20 or more but less than 0.21
- 21 months if BAC 0.21 or more but less than 0.22
- 22 months if BAC 0.22 or more but less than 0.23
- 23 months if BAC 0.23 or more but less than 0.24
- 24 months if BAC 0.24 or more.
If you have had a previous drink or drug driving offence in the last 10 years, whether via infringement notice or a court charge, then the mandatory minimum disqualification period is doubled, by law.
The Court cannot go below the mandatory minimum disqualification period, but can go above it.
There are no special licences (for example work licences) in Victoria that allow you to drive.
If you drive while disqualified, you may be charged with an offence and face serious penalties which can include jail time.
Fines
The Magistrate will often impose a fine for drink driving matters, up to 25 penalty units for a first offence.
Other penalties
In addition to the above penalties, additional penalties and consequences may apply:
- Your vehicle may be impounded
- You may be sentenced to jail time or Community Correction Orders for more serious offending, particularly for repeat offenders.
- You will be required to have an alcohol interlock installed on any vehicle you drive, the requirements of which are set by VicRoads, not the Court
- You will need to complete a Driver Education Program before getting your licence back
- The Police may choose to suspend your licence prior to your Court hearing – however the Court will often then ‘backdate’ your licence disqualification to when the Police issued their suspension.
Refusing a breath test
Police in Victoria have the power to request any driver to take part in a breath test.
If you refuse to take part in a breath test or refuse to accompany the Police to the station to take a breath test or blood test, you may be charged with an offence.
Refusing a breath test also carries mandatory licence cancellation and disqualification.
The minimum disqualification period is 2 years for a first offence, and 4 years for a second or subsequent offence.
Any previous drink driving or drug driving offence that you have incurred over the last 10 years counts as a prior offence, it is not only if you have refused previous breath tests.
Due to the lengthy minimum disqualification periods, in nearly all cases the minimum disqualification period will be less if you submit to the breath test and are over the limit.
Other penalties still apply, such as fines and potential jail time.
Loftgood Legal can help
Drink driving can have significant consequences both legally and financially. At Loftgood Legal, we are experienced at dealing with drink driving offences and can advise and assist you in achieving the best possible outcome.
