Drink Driving Charges & Traffic Offences in Victoria

Melbourne Criminal Lawyers Balot Reilly
462 William St Melbourne West VIC 3003

It is important to contact the best drink driving lawyers in Melbourne for any drink driving offence if you are issued with an infringement notice for a drink driving offence or a summons for a drink driving charge or any other related driving offence.

DRINK DRIVING CHARGES & DRINK DRIVING OFFENCES IN VICTORIA
Have you or a loved one been caught drink driving in Melbourne or anywhere else in Victoria?

You need to know that if you’re caught drink driving in Melbourne and the rest of Victoria that you face serious penalties including;

  • Mandatory cancellation and disqualification of your driver’s licence
  • Substantial fines
  • Interlock conditions
  • Zero blood alcohol conditions
  • Possible substantial maximum term of imprisonment for repeat drink driving offences

    Obtain yourself an experienced Balot Reilly drink driving lawyer to defend your livelihood and your liberty. Our Melbourne drink driving lawyers have successfully defended drink driving charges in Melbourne and throughout Victoria. We have also legally represented and successfully defended numerous drink driving cases all over Australia including South Australia, NSW, Western Australia and Queensland.

    Our extensive experience in drink driving cases in Victoria and other states of Australia shows that the majority of those who have been charged with drink driving offences are typically law abiding citizens, who find themselves in the unfamiliar position of being accused of a criminal act. Do not panic, we have represented thousands of drink driving clients in almost every conceivable circumstance. Our drink driving lawyers will not judge you in any way. They will make you feel comfortable and confident with their legal advice and legal representation. Our drink driving lawyers will assist your legal objectives by providing you with quality legal service that you both expect and deserve from highly professional drink driving lawyers.

    At Balot Reilly drink driving lawyers, we understand that many drink driving offences are unintentional; for example the driver may have exercised poor judgment, miscalculated and consumed more alcohol than the prescribed concentration of alcohol during a social gathering or dinner. Rest assured that we will leave no stone unturned to assist you no matter how hard we have to work on your drink driving infringement or drink driving charges.

    You should contact the best drink driving lawyers in Melbourne for a detailed explanation of drink driving laws and how they apply to your unique situation. Here are some brief interesting facts about drink driving in Melbourne and the rest of Victoria:

    DID YOU KNOW THAT?

  • Did you know that being caught drink driving in Melbourne or the rest of Victoria with a BAC of .05 is considered a drink driving offence, and upon conviction it’s punishable with a minimum mandatory loss of licence of 6 months? (*limited exceptions).
  • Did you know that drink driving offences are not limited to public roads? In Melbourne and the rest of Victoria they can be committed on private property!
    .

    CONSEQUENCES OF DRINK DRIVING IN VICTORIA
    A finding of guilt for a drink driving offence carries a mandatory cancellation of your driver’s licence and a possible fine in Victoria. A second offence or more not only carries double the mandatory disqualification period, but also a substantial fine and a term of imprisonment.

    At Balot Reilly our drink driving lawyers understand how important your driver’s licence is to you and the serious ramifications of a loss of your driver licence upon your employment, social life, relationships and or general mobility. If you’re caught drink driving in Melbourne or the rest of Victoria you need to call our drink driving lawyers in Melbourne urgently to defend and assist you to prevent or minimize a potential licence loss where possible.

    In most cases there are serious ramifications for drink driving infringements or drink driving charges for a long time even after you serve your time off the road. Consequently, it is important to retain the best drink driving lawyers in Melbourne as soon as possible to defend you to maximize your chances to successfully defend or minimize licence loss and ongoing onerous legal obligations, where possible.
    .

    CONSEQUENCES OF DRINK DRIVING OFFENCES AFTER EXPIRY OF LICENCE DISQUALIFICATION PERIOD IN VICTORIA
    Even after serving a disqualification period, drivers who want to resume driving a motor vehicle in Victoria are required to reapply to be relicensed. First time drink drivers with a full licence who committed the offence on or after 1 October 2014 in Victoria or with a reading of below 0.10 BAC (blood alcohol concentration), can apply to be relicenced at VicRoads. For second time drink drivers or for blood alcohol concentration readings in excess of 0.10, they must apply to be relicenced at the local Magistrates’ Court, which is far more difficult and onerous on drivers (please refer to further explanation hereunder).

    In many cases of drink driving offences in Melbourne and the rest of Victoria drivers will not be re-licenced unless they complete the following mandatory requirements;

  • A driver education program by approved organisations for a prescribed fee
  • Attend a police station to be interviewed by police
  • Attend a local Magistrates Court to file an application to be re-licenced and pay a court fee
  • Attend a local Magistrates Court for a second time and formally apply to be relicensed and to give evidence before a Judicial Registrar or a Magistrate to prove completion and a satisfactory understanding of the drink driving course, including calculation of blood alcohol content, the rate of dissipation of alcohol from your system, etc.

    There are further financial consequences and other onerous obligations, such as a mandatory period of interlock conditions, zero blood alcohol concentration conditions, etc. (please refer to further explanation hereunder).

    It is important to retain the best drink driving lawyers in Melbourne as soon as possible to represent you to maximize your chances to successfully defend or minimize licence loss and ongoing onerous legal obligations where possible.

    CONSEQUENCES OF DRINK DRIVING OFFENCES AFTER SUCCESSFUL REINSTATEMENT OF LICENCE IN VICTORIA
    Once an application for reinstatement of a driver’s licence has been granted by the Magistrates’ court, there are mandatory conditions that the court would impose upon the driver including;

  • Alcohol interlock conditions, which is a device fitted to the ignition of a car that prevents the vehicle from starting if the driver has been drinking alcohol. Interlocks are expensive to professionally fit, hire and service at your own expense. This means that you cannot drive any other motor vehicle without an interlock device professionally fitted to that vehicle for as long as determined by the court.
  • Maintain a zero blood alcohol content (BAC) reading during your interlock condition period and for 3 years or more.

    In most cases there are further consequences even after you serve your time off the road, such as a further formal application to a local Magistrates’ court, see hereunder.

    It is important to retain the best drink driving lawyers in Melbourne as soon as possible to legally represent you to maximize your chances to successfully defend or minimize licence loss and ongoing onerous legal obligations where possible.

    CONSEQUENCES OF DRINK DRIVING AFTER EXPIRY OF INTERLOCK CONDITION IN VICTORIA
    After the expiry of an interlock condition, a driver is not permitted to drive a motor vehicle unless the driver;

  • Formally applies to a local Magistrates’ Court and gives evidence before a Judicial Registrar or a Magistrate to obtain a court order to remove the interlock condition from their drivers licence by proving satisfactory compliance with the interlock condition for the entire duration.

    Consequently, it is important to retain the best drink driving lawyers in Melbourne if you are charged with a drink driving offence because the consequences are not only financially onerous, but are also long lasting.

    WHY CHOOSE BALOT REILLY DRINK DRIVING LAWYERS IF YOU’RE CAUGHT DRINK DRIVING?
    Our drink driving lawyers in Melbourne have proven results throughout Victoria and Australia;

  • Drink driving laws in Victoria are complicated. Defences to drink driving charges are frequently technical and require experience and a thorough knowledge of various pieces of legislation and drink driving case law. We have successfully defended numerous drivers charged with drink driving offences; many with allegedly positive readings beyond the otherwise legal limit.
  • Many of our successful results were in circumstances where former traffic lawyers advised those clients that they had no prospects of success; presumably because of a lack of drink driving law experience or failure to keep up to date with drink driving laws and drink driving defences. Nevertheless, when the same clients approached our drink driving lawyers, our lawyers applied all their legal skills, up to date legal knowledge and expertise and successfully defended those drink driving allegations and ultimately saved those clients’ livelihood. In cases where we had successfully defended all charges which were dismissed by the Magistrate in court, our drink driving lawyers have also managed to obtain payment of legal costs or a monetary refund of some of their legal fees from the police.
  • Amongst those wins or successful drink driving defences were administrative errors, vigorous and effective cross examination of witnesses relating to the facts of the case, legal issues such as unlawful arrests and failure to comply with mandatory administrative requirements incumbent upon the police.
  • In some situations where other drivers who decided to plead guilty and who were represented by our drink driving lawyers kept their driver’s licence in certain circumstances and avoided what they were formerly wrongly advised by their former solicitors to be a minimum period of driver licence loss. They were not advised of exceptions to current rules.

    In light of the above, it is important to retain the best drink driving lawyers in Melbourne as soon as possible to defend you to maximize your chances of successfully defending or minimising licence loss and other ongoing onerous legal obligations, where possible.

    Don’t let inexperienced drink driving lawyers risk your freedom, choose the leading drink driving lawyers in Melbourne to represent and fight for you as early as possible, the earlier the better! Call Balot Reilly drink driving lawyers now!

    OTHER DRIVING OFFENCES
    We represent individuals charged with:

  • Having illicit drugs in their system whilst driving
  • Culpable driving causing death
  • Breach of interlock condition or Z or I licence condition
  • Defending against police Applications for impoundment/confiscation/forfeiture/destruction of vehicles
  • Careless/Dangerous driving
  • Leaving the Scene of an Accident
  • Driving unlicensed, suspended or disqualified
  • Exceeding speed limit
  • Road rage, hooning and drag racing
  • Balot Reilly lawyers in Melbourne are highly experienced in successfully handling motor vehicle offences and related charges. We will work with you with honest advice, and superior understanding of the law. We handle all of our cases personally and we will guide you through the best course of action in the event that you have been accused of or charged with an offence. We will work hard for you and your family through one of the most difficult and trying experiences of your life.

    Our Melbourne criminal lawyers will not only provide you with the best driving offence legal representation but will give you peace of mind.

    WHAT TO DO WHEN YOU'RE IN COURT AND YOU NEED HELP FROM THE BEST CRIMINAL LAWYER IN MELBOURNE?

    It's never too late contact an expert criminal lawyer for drink driving and traffic offences from Balot Reilly to immediately assist you in court and to fight for you. You can contact our office on 03 9326 6606 or our 24/7 emergency hotline 0421 905 576.

    WHAT TO DO WHEN YOU'RE IN COURT AND YOU'RE UNHAPPY WITH YOUR CRIMINAL LAWYER IN DRINK DRIVING CHARGES AND TRAFFIC OFFENCES ?

  • If you are legally represented you need to communicate your concerns to your current lawyer and
  • Ask the presiding Magistrate, Judge, Member or any other person presiding for an adjournment to engage new legal representation and
  • Contact Balot Reilly expert criminal lawyers for drink driving and traffic offences from Melbourne if you want great legal representation in court.
    It's never too late to call Balot Reilly criminal lawyers to represent you in drink driving and traffic offences in all Victorian and Australian courts to fight for your rights, restore your confidence and peace of mind and achieve the best possible outcome in court for your unique legal situation.

    DRINK DRIVING AND DRUG DRIVING OFFENCE AT THE SAME TIME IN VICTORIA.
    A combined drink and drug driving offence in Melbourne and the rest of Victoria attracts higher penalties than an individual drink driving or drug driving offence alone. See Section 49(1)(bc) of the Road Safety Act 1986.
    Our drug driving and drink driving lawyers in Melbourne are experts in:

  • Representing drivers charged with drug driving and drink driving charges at the same time.
  • Finding technical legal arguments to successfully defend or minimise driver licence disqualification period and also
  • In some cases to reduce what police apparently say is the minimum drivers licence disqualification period for drug driving and drink driving charges combined. In many cases our experienced drug driving and drink driving lawyers in Melbourne have managed to obtain less time than the minimum period anticipated by our clients following incorrect advice of their former lawyers; for being caught by Victoria police drink driving and drug driving at the same time. Our experienced drink driving and drug driving lawyers made a phenomenal difference to the result in the case and as a consequence to those clients' lives predominantly due to successful negotiations and technical legal arguments. Those legal arguments are particularly relevant to this relatively new area of law.

    It is very important to contact the best drug driving and drink driving lawyers in Melbourne before you make any decisions about your drink driving and drug driving charges.

    WHAT ARE YOUR RIGHTS IN DRINK DRIVING & DRUG DRIVING SITUATIONS IN VICTORIA?
    A:
    • When instructed by police to stop your vehicle or pull into a designated drug & alcohol testing station or a booze bus you must do so. Failure to do so attracts a mandatory loss of drivers licence and a fine.
    • You are under no obligation to answer any questions asked by police other than your name and your address to prove your identification.
    • When testing for your blood alcohol content there are usually two tests conducted by police:
    •A preliminary breath test – which only indicates the presence of alcohol on your breath (although it provides police with an approximate blood alcohol content reading it will usually not be disclosed to you)
    •An evidentiary breath test – if the preliminary breath test indicates a positive result for the presence of alcohol, the police may require you to attend a booze bus or police station for the purpose of conducting a further more accurate test, known as an evidentiary breath test. This evidentiary breath test will provide an actual reading of blood alcohol concentration which will be alleged and relied upon against you.
    • Police must wait at least 15 minutes between conducting a preliminary breath test and an evidentiary breath test.
    • The police can wait up to 3 hours to test you from the time of driving, but not any longer. You are not obliged to comply with a request for a breath test if 3 hours have passed since you drove a motor vehicle.
    • You have the right to ask for a blood test after your evidentiary breath test.
    • If you have been taken to hospital as a result of a car accident, you must allow a doctor to take a sample of blood for analysis.

    It is important to contact our Melbourne drink driving and drug driving lawyers to explain your rights in further detail and to defend your drink driving and drug driving offences as well as possible.

    CAN YOU BE ARRESTED FOR EXCEEDING THE PRESCRIBED CONCENTRATION OF ALCOHOL OR REFUSING TO ACCOMPANY A POLICE OFFICER IN VICTORIA?
    A:Contrary to popular belief Victoria Police has no power to arrest drivers for exceeding the prescribed concentration of alcohol or refusing to accompany a member of Victoria Police to a booze bus or a police station. Nevertheless, the consequences of a refusal to accompany are punishable by mandatory 2 year driver licence disqualification and for a second offence double the driver licence disqualification and possible imprisonment.

    For more Australian Legal information please go to
    http://www.austlii.edu.au/

    WHAT ARE THE MINIMUM DRIVER LICENCE DISQUALIFICATION PERIODS FOR DRINK DRIVING OFFENCES IN VICTORIA?
    A: If you accept responsibility for a drink driving infringement or plead guilty to the charge in open court the minimum mandatory periods (with limited exceptions see hereunder) are as follows:

    DRINK DRIVING OFFENCES IN VICTORIA
    http://www.austlii.edu.au/au/legis/vic/consol_act/rsa1986125/sch1.html/

    You need to ensure that you retain a Balot Reilly drink driving lawyer from Melbourne to maximise your chances to successfully defend or minimize licence loss and ongoing onerous legal obligations where possible.

    Although there are mandatory periods of disqualification of drivers licence for drink driving offences in Victoria, there are limited exceptions. For example, in drink driving offences with readings under 0.07 where the driver is also able to demonstrate other strictly confined preconditions. Our drink driving lawyers in Melbourne are experts in effectively preparing and presenting your case to the court, where possible,to accept that the exception is applicable to your unique case.

    WHAT ARE THE MINIMUM PENALTIES FOR COMBINED DRUG DRIVING & DRINK DRIVING OFFENCES IN VICTORIA?
    A: If you accept responsibility for a drink driving and drug driving offence at the same time or plead guilty to the charge in open court the minimum mandatory periods (with limited exceptions see hereunder) are as follows:
    http://www.austlii.edu.au/au/legis/vic/consol_act/rsa1986125/sch1ab.html/

    You need to ensure that you retain a Balot Reilly drink driving and drug driving lawyer from Melbourne to maximise your chances to successfully defend or minimize licence loss and ongoing onerous legal obligations where possible

    WHAT ARE THE MINIMUM INTERLOCK REQUIREMENTS FOR DRINK DRIVING OFFENCES IN VICTORIA?
    A: Drink driving offences attract mandatory minimum periods of interlock conditions in Victoria.

    The following are mandatory minimum period of interlock conditions in Victoria for drink driving offences.
    http://www.austlii.edu.au/au/legis/vic/consol_act/rsa1986125/sch1b.html/

    You need to ensure that you retain a Balot Reilly drink driving lawyer from Melbourne to maximise your chances to successfully defend drink driving charges to avoid an interlock condition on your driver's licence or to minimise the interlock condition period and also the ongoing onerous legal obligations where possible.

    HOW DO I GET MY DRIVER LICENCE BACK IN VICTORIA?
    A: Generally first time drink driving offenders in Victoria with a reading less than 0.10 blood alcohol content(BAC) caught drink driving after 30 September 2014 need to attend a VicRoads office to apply to be relicensed provided that it was;
    1. The driver's first offence;
    2. The reading was not over 0.10 BAC ; and
    3. The driver was a fully licensed driver.
    In other situations, the requirements are more onerous because the driver will need to apply to the local Magistrates’ court to be relicensed.

    The above information contains only some of the relevant concise information drivers need to know. It is important to contact our Melbourne drink driving lawyers to provide you with further detailed information about your rights and obligations including any assessment of your unique drink driving situation and advise you accordingly.

    WILL I HAVE A CRIMINAL RECORD IF I PAY MY FINE FOR A DRINK DRIVING OR DRUG DRIVING OFFENCE?
    A: Any infringement which is not contested in court is considered a conviction for the purpose of the Road Safety Act.

    http://www.austlii.edu.au/au/legis/vic/consol_act/rsa1986125/

    WILL I HAVE A CRIMINAL RECORD FOR A DRINK DRIVING OR DRUG DRIVING OFFENCE IF THE CHARGES ARE PROVEN AGAINST ME IN COURT?
    A: The outcome of your court proceedings may appear on your driving record and criminal record as a driving conviction or a finding of guilt where a conviction is not recorded by the court.

    For further information about drink driving offences and drink driving charges please visit our FAQ page

    Melbourne Criminal Lawyers for Drink Driving Charges Balot Reilly
    462 William Street Melbourne West, Victoria 3003

  • Contact Us

    FREE initial advice &
    phone consultation 24/7

    Ph: (03) 9326 6606
    Mob: 0421 905 576

    Image CAPTCHA
    Enter the characters shown in the image.