Drink Driving and Drug Driving Lawyers Melbourne

(03) 9995 9155

Free 15 Minute Consultation Offered

Have you either been interviewed or charged by police for drink driving or drug driving?

Before you speak to police, we recommend that you contact a lawyer to discuss what you say to police.

You should review our criminal law FAQs section which provides general advice on arrest and detention. https://www.rowanskinnerlegal.com.au/criminal-law-faqs/

Police will usually say before the interview ‘this is your opportunity to tell your story’. Be wary of this advice!

There are limited defences that are considered appropriate for DUI or drug driving. Possible defences that may be appropriate depending on the facts of your case include:

  • a faulty or incorrectly maintained breath or drug analysis instrument
  • the police preventing or persuading you from opting for a blood test reading

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:

Offence: driving with a prescribed concentration of alcohol of 0.05 or above

section 49(1)(b) Road Safety Act 1986 (Vic)

or

Offence: within 3 hours after driving, the result of the breath analysis instrument furnishes a reading at or above the prescribed concentration of alcohol and the concentration of alcohol was not due solely to the consumption of alcohol after driving

section 49(1)(f) Road Safety Act 1986 (Vic)

Reading

Maximum Fine

(first offence)

Maximum Fine

or imprisonment term

(second offence)

Maximum Fine

or imprisonment

term

(subsequent offence)

Less than 0.05

(learners, P platers or restricted full licence)

20 penalty units

60 penalty units

or

6 months

180 penalty units

or

18 months

0.05 but less than 0.15

20 penalty units

60 penalty units

or

6 months

120 penalty units

or

12 months

0.15 or greater

20 penalty units

120 penalty units

or

12 months

180 penalty units

or

18 months

 

Offence: driving under the influence or alcohol or any drug to the extent of being incapable to have proper control of the car

section 49(1)(a) Road Safety Act 1986 (Vic)

Reading

Maximum Fine

or

Imprisonment term 

First Offence

25 penalty units

or

3 months

Second Offence

120 penalty units

or

12 months

Subsequent Offences

180 penalty units

or

18 months

 

Offence: driving with both a prescribed concentration of alcohol of 0.05 or above and a prescribed concentration of drugs

section 49(1)(bc) Road Safety Act 1986 (Vic)

Number of Offences

Maximum Fine

or

Imprisonment 

First Offence

30 penalty units

Second Offence where reading is less than 0.15

90 penalty units

or

6 months

Second Offence where reading is 0.15 or greater

180 penalty units

or

12 months

Subsequent Offences where reading is less than 0.15

180 penalty units

or

12 months

Subsequent Offences where reading is 0.15 or greater

270 penalty units

or

18 months

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 for Northcote, Heidelberg, Fitzroy, Carlton, Brunswick residents and of all other suburbs from an experienced drink driving lawyer in Melbourne, please contact us now on (03) 9995 9155 to discuss your case.

drink drive lawyer in melbourne

 

 

 

 

 

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