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Drink Driving

Victoria has some of the strictest drink driving laws in Australia. In most cases, disqualification of your driver’s licence is mandatory if you’re found guilty. 


I have received an on the spot infringement for drink driving. What should I do?

If you have received an on the spot drink driving fine, you should call our office quickly to obtain legal advice. This is because you only have 28 days to challenge the fine. Even if you think you may be guilty, you should still obtain legal advice as you may be able to challenge the fine on technical grounds.


What are the maximum penalties for drink driving?

The penalties for drink driving vary depending on the particular charge. Licence disqualification is mandatory where the BAC (Blood Alcohol Reading) is 0.07 or more, or for a charge of refusing a breath test. A jail sentence is also possible for more serious offences and for repeat offenders.


If I plead guilty, will I be able to keep my driver’s licence?

If you plead guilty to drink driving where the BAC (Blood Alcohol Content) reading is 0.07 or more, or to a charge of refusing a breath test, you must lose your driver’s licence for a period of time. The law is mandatory and a Magistrate has no discretion. The only way to save your driver’s licence is to plead not guilty and win.


On what grounds can I challenge a drink driving offence?

Drink driving offences are usually challenged on ‘technical grounds’. For example, the police may not have followed correct procedures when taking your breath sample, or there may errors in your charge sheet and summons. Call our office today to speak to an experienced drink driving lawyer who will advise you on your chances of beating the charge.

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