Drink driving is a serious offence in Australia, and if you’re caught with a Blood Alcohol Level over the legal limit, you could face heavy fines, have your licence cancelled, and in serious cases, you might even face imprisonment. Navigating the legal system when you’ve been charged with drink driving can be tricky, but it helps to get to know your rights and responsibilities to achieve the best possible result.
When Can I be Charged for Drink Driving?
In Victoria, the police may charge you with a drink driving offence if you’re caught driving with a Blood Alcohol Level (BAC) of 0.05 percent or higher. For drivers on learner or provisional licences, the BAC limit is lower and the penalties are harsher, with licences usually being cancelled in these cases.
What Are the Penalties for Drink Driving?
In most drink driving cases, drivers who hold a full licence will receive a fine and demerit points. However, the severity of penalties depends on the type of offence committed, the date of the offence, your age, your licence conditions, and whether or not it was your first offence.
Penalties include:
- Fines
- Demerit points
- Cancellation of licence or permit
- Disqualification from driving for up to 15+ months
- Alcohol interlock for a set number of months (managed by VicRoads)
Do I Need a Solicitor for a Drink Driving Offence?
There are some scenarios where you will have to go to court for a drink driving offence. If you have to go to court, you’ll need to seek legal representation from a criminal defence solicitor in your area.
If your Blood Alcohol Level is found to be higher than 0.10, you will need to go to court and you’ll face a heavy fine, have your licence cancelled, be disqualified from driving for a lengthy period and have an alcohol interlock of 6 months or more.
In some cases, you may find that the penalties you’re given are reversible in court. To find out whether you’re eligible to have your drink driving penalties reversed, talk to a criminal defence solicitor and discuss your circumstances.
What Should I Do if I’m Charged with a Drink Driving Offence?
If you’ve been charged with a drink driving offence, contact a criminal defence solicitor to discuss your situation. Criminal defence solicitors are experts in criminal justice and can help you understand the penalties you might face. If you decide to contest any of the charges laid against you, your criminal defence solicitor will examine the circumstances of your charges, including when and how a Blood Alcohol Level test was performed, to determine the best way to move forward in court.
If you’ve been charged with a drink driving offence in Melbourne, contact the criminal defence solicitor at Robert Wood and Associates for personalised advice today. Call us on 9762 3877 or visit our Boronia offices in Eastern Melbourne.
