In Victoria, operating a motor vehicle with a blood alcohol concentration (BAC) exceeding the prescribed limit is a serious offence. For most drivers, the legal BAC limit is under 0.05%, while learners, P-plate drivers, and those with taxi or heavy vehicle licenses must maintain a zero BAC. Understanding the legal implications, penalties, and resolution options for drink-driving charges is essential to addressing such situations effectively.

When to Seek Legal Advice

It is crucial to seek legal advice if you are charged with a drink-driving offence. Common charges include:

• Driving Under the Influence (DUI): Operating a vehicle while impaired by alcohol or drugs.
• Combined Drug and Alcohol Offences: Driving with both substances in your system.
• Repeat Offences: Previous drink or drug-driving convictions within the past 10 years.

For legal assistance, visit Victoria Legal Aid.

Understanding Drink-Driving Charges

Drink-driving charges typically fall into two categories:

1. Failing a BAC Test: Registering a BAC above the legal limit within three hours of driving.
2. Driving with a BAC Over the Limit: Operating or being in control of a vehicle while exceeding the BAC limit.

The prosecution generally relies on evidence from your BAC test. To challenge this evidence, you must prove that the testing device was faulty or procedures were improperly followed. Negotiations may allow you to plead guilty to one charge in exchange for the withdrawal of another.

Steps to Take If Charged with Drink Driving

Preparing for Court

Thorough preparation is key if you are facing drink-driving charges:

1. Understand the Charge: Review the “Details of the Charge” section in your charge sheet.
2. Burden of Proof: The prosecution must prove that you were driving and that your BAC exceeded the limit.
3. Seek Legal Guidance: Legal aid or professional representation can help prepare your case.

For more information, visit Victoria Legal Aid – Going to Court for Traffic Offences.

Your Options in Court

• Plead Guilty: Admitting guilt may result in more lenient penalties.
• Plead Not Guilty: Contest the charge if you believe it is unjust. A contested hearing will involve presenting evidence and arguments.

Defending a Drink-Driving Charge

Defences may include:

• Proving you were not the driver.
• Demonstrating that the BAC test was conducted more than three hours after driving.
• Challenging the accuracy of testing procedures or devices.

Requesting an Adjournment

If you need more time to prepare, request an adjournment. For first-time requests, this is often granted without appearing before a magistrate.

Penalties for Drink Driving

Penalties vary based on your BAC level, licence type, and prior offences.

1. Licence Cancellation and Disqualification
   1. BAC Under 0.07%: Minimum three-month disqualification (for full licence holders over 26 years).
   1. BAC 0.07%–0.10%: Minimum six-month disqualification.
   1. Higher BAC levels can result in disqualifications of up to 24 months for readings of 0.24% or more.
   1. Repeat offenders face double disqualification periods.
2. Fines
   1. Up to 20 penalty units (approximately $3,700) for a first offence.
3. Vehicle Impounding
   1. For BAC readings of 0.10% or more, your vehicle may be immobilised or impounded.
4. Mandatory Behaviour Change Programs
   1. All offenders must complete a tailored program before applying for licence reinstatement.

Broader Implications of a Guilty Finding

• VicRoads Driving Record: Offences are recorded on your driving history.
• Criminal Record: Serious offences may result in a criminal record.
• Compensation Orders: You may be required to pay damages for property or injury caused by your actions.

For details on potential penalties, visit Victoria Legal Aid – Traffic Offences.

Immediate Licence Suspension

Police may issue an immediate licence suspension for:

• BAC readings of 0.10% or higher (full licence) or 0.07% or higher (P-plate/learner drivers).
• Refusing BAC testing.
• Repeat offences within 10 years.

Suspensions typically last until the court date or a specified period.

Alcohol Interlock Requirements

An alcohol interlock device may be required for drivers whose licences were cancelled due to drink driving. Key points include:

• Installation Period: Minimum six months, depending on the offence.
• Conditions for Removal: Drivers must demonstrate compliance by not driving under the influence during the interlock period.

Non-compliance can result in further penalties, including fines and extended licence suspension.

How to Regain Your Licence

Steps to regain your licence after disqualification include:

1. Application to VicRoads: Most offenders must apply after serving the disqualification period.
2. Court Application: For serious offences, you must apply to the Magistrates’ Court of Victoria.
3. Fulfil Interlock Requirements: Comply with alcohol interlock conditions before applying for removal.

Key Legislation

• Road Safety Act 1986: Governs drink-driving offences and penalties.
• Sentencing Act 1991: Details penalties and sentencing for offences.

Resources and Support

1. Victoria Legal Aid: Free legal advice for eligible individuals.
2. VicRoads: Information on disqualifications, interlock devices, and behaviour change programs.
3. Fines Victoria: Assistance with fine payments and appeals.
4. Magistrates’ Court of Victoria: Handles drink-driving cases and licence appeals.

Let Pentana Stanton Lawyers Assist You with Drink-Driving Offences

Drink-driving offences can have serious legal and personal consequences, including fines, licence disqualification, and a potential criminal record. At Pentana Stanton Lawyers, our experienced legal team can guide you through the process, protect your rights, and help you achieve the best possible outcome.

Visit our website today to learn more about how we can assist with drink-driving matters. Let us provide the expertise and support you need to navigate these challenges effectively.