Drink driving is the most common reason Victorians find themselves in court, and it is also one of the most misunderstood charges. Many people assume the result is fixed: pay the fine, lose the licence, move on. In reality, the category of charge, your reading, your licence type and the way your case is presented all change the outcome, sometimes dramatically. Our Melbourne drink driving lawyers can tell you quickly and honestly where you stand.
Drink driving charges in Victoria
Alcohol-related driving charges under the Road Safety Act 1986 (Vic) include:
- Exceeding the prescribed concentration of alcohol (PCA): driving with a blood or breath alcohol concentration of 0.05 or more for full licence holders, or above zero for learner, probationary and professional drivers.
- Driving under the influence (DUI) of alcohol, a separate and more serious charge that does not depend on a reading.
- Refusing a breath test or failing to provide a sample, which is treated at least as seriously as a high reading.
- Combined drink and drug driving offences, which carry higher penalties.
What happens to your licence
Victoria applies mandatory minimum licence disqualification periods for most drink driving offences, scaled to your reading and whether it is a first or subsequent offence. Low-range first offences may attract a fine and licence loss measured in months; high readings and repeat offences attract much longer disqualification and the prospect of imprisonment. Most drivers returning from a drink driving disqualification must also complete a behaviour change program and drive with an alcohol interlock fitted for a period.
Because many of the minimums are fixed by parliament, the real legal work happens at the margins that remain: which charge proceeds, what reading is proved, how prior matters are treated and how the discretionary elements of the sentence are argued.
Can a drink driving charge be defended?
Sometimes, yes. The questions worth testing include:
- Was the breath analysis carried out properly and within the time limits the law sets?
- Was the testing instrument working and operated correctly, and is the certificate evidence in order?
- Were you actually driving or “in charge” of the vehicle at the relevant time?
- Did post-driving drinking affect the reading relied on?
These defences are technical and fact-dependent. We will give you a realistic assessment early, because running a hopeless defence costs money and goodwill, while missing a good defence costs your licence.
Professional and probationary drivers
If you drive for a living, or you are on a learner or probationary licence with a zero-alcohol requirement, the stakes and the rules are different. Tell us early: employment consequences are a legitimate and often persuasive part of the picture the court should hear.
Why choose McNally & Gleeson Lawyers
We have defended drink driving and traffic matters in Victorian courts since 1994. Our principal is a Law Institute of Victoria Accredited Specialist in Criminal Law, and we appear in the Magistrates’ Court of Victoria every week. We are available 24 hours a day on (03) 9670 3633.
What to do now
- Keep every document the police gave you, including the breath analysis certificate.
- Write down your account of the day: what you drank, when, and the testing process.
- Do not plead guilty by mail or in person before getting advice. Contact us first.
Related reading: driving offence lawyers, the diversion program and our Melbourne criminal defence team.
