Drink Driving Charges in Melbourne | Traffic Offences in Victoria

Definition of drink driving in Victoria

SECTION 49(1)(f) ROAD SAFETY ACT 1986 (VIC) states that a person is guilty of an offence if he or she within 3 hours after driving or being in charge of a motor vehicle furnishes a sample of breath for analysis by a breath analysing instrument under section 55 and the result of the analysis as recorded or shown by the breath analysing instrument indicates that the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in his or her breath; and the concentration of alcohol indicated by the analysis to be present in his or her breath was not due solely to the consumption of alcohol after driving or being in charge of the motor vehicle.

SECTION 49(1)(b) ROAD SAFETY ACT 1986 (VIC) states that a person is guilty of an offence if he or she drives a motor vehicle or is in charge of a motor vehicle while the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in his or her blood or breath. Victoria Police would usually proceed with s 49(1)(f) for breath analysis readings.

In other words, it is a drink driving offence for drivers in Victoria to drive a vehicle with a breath alcohol concentration (or blood alcohol concentration) on or above the prescribed limit of .05 BAC for fully licensed Victorian drivers without any alcohol related restrictions, otherwise it is a drink driving offence in Victoria to drive a vehicle with any positive reading above .00 BAC. A reading of .05 BAC and above is in reference to the concentration of alcohol in grams per 100 milliliters of blood or per 210 litres of exhaled air. Drink driving offences carry minimum mandatory period of driver licence loss or driver licence disqualification.

WHAT IS THE MINIMUM DRIVER LICENCE LOSS FOR DRINK DRIVING OFFENCES IN VICTORIA?

The minimum period of driver licence loss is 3 months for a reading of less than .07 BAC for first time drink drivers in Victoria who are fully licenced drivers aged 26 years old or over where Victoria Police proceed with an on the spot fine known as a Traffic Infringement Notice or TIN. However, where Victoria police decide to proceed with a Summons to attend the Magistrates court, the minimum driver licence disqualification period for drink driving offenders with a blood alcohol reading of .05 BAC but less than .10 BAC in Victoria is 6 months loss and cancellation of driver licence for first time offenders( in the past 10 years; further explanation below).

WHAT IS PART 6B SECTION 85B OR 85G NOTICE OF IMMEDIATE SUSPENSION OF LICENCE OR PERMIT IN VICTORIA?

Part 6B sections 85B and 85G of the Road Safety Act 1986 (Vic) empower Victoria Police to immediately suspend a driver licence or permit where Victoria Police issue the driver with a certificate of breath analysis for a high prescribed concentration of alcohol PCA reading, repeat drink driving offender, or for refusing to undergo a breath test, by serving the driver with a signed section 85B or section 85G notice. Once a valid section 85B or section 85G notice is served by Victoria Police, the driver is then immediately suspended and is required to hand his or her driver licence to police(Section 85B and 85G also apply to repeat drug driving offenders). The driver is then suspended for a period of time prescribed by the notice or until the conclusion of the case in court, which could be in excess of 6-12 months. Our highly experienced Melbourne drink driving lawyers are able to:

have Section 85B and 85G Notice of immediate suspension of driver licence or permit cancelled by the Magistrates Court of Victoria in certain circumstances and where the driver does not pose an unacceptable risk to road safety.
our best drink driving lawyers in Melbourne are experts in applying to the Magistrates Court to cancel Section 85B and section 85G Notices issued by Victoria police and in over 99% of those cases restoring a driver licence within approximately 14 days.

OBTAIN EXPERT DRINK DRIVING LEGAL ADVICE FROM TRAFFIC LAWYERS WHO HAVE WON DRINK DRIVING CHARGES IN COURT BEFORE PLEADING GUILTY!

Our customer feedback is that most self proclaimed drink driving lawyers advised them to plead guilty without proper analysis of the facts because they do not have the necessary knowledge of drink driving case law; they do not understand such a technical area of law. They lack essential expertise and experience necessary in fighting drink driving cases. Pleading guilty is easy yet the consequences for the driver in Victoria are extremely onerous and difficult to live with. Fighting is complex and only very few drink drivng lawyers know how to fight a drink driving cases in court in Victoria. Before you plead guilty you should speak to an expert drink driving lawyer who knows how to fight drink driving offences not merely to plead you guilty. An expert drink driving lawyer from Balot Reilly Criminal Lawyers is able to successfully contest drink driving charges using all the applicable drink driving technical defences to ensure that you achieve the best possible result in court including avoiding fines, driver licence loss and obtaining an order against Victoria Police to pay for our clients legal costs following dismissal of drink driving charges. It is important to contact our best drink driving lawyers in Melbourne for any drink driving offence if you receive a Traffic Infringement Notice for a drink driving offence or a Summons to attend the local Magistrates Court for drink driving charges or any other related driving offence in Victoria.

Balot Reilly's drink driving lawyers have won many drink driving cases where previous drink driving lawyers advised those same clients to plead guilty presumably because they either didnt know how to contest drink driving charges or didn't want to put in the substantial amount of preparation required to win the case.

Consequently, you need a second opinion from a drink driving expert from Balot Reilly traffic lawyers in Melbourne. Balot Reilly Criminal Lawyers Melbourne have over 570 google reviews for outstanding legal advice and legal representation in Victoria and throughout Australia, many for drug driving and traffic offences in Melbourne and in 2019 and 2020 were hand picked by two independent legal award panels as the best traffic lawyers in Melbourne which includes best drug driving lawyers in Melbourne; please see Three best rated best traffic lawyer in Melbourne and also best drink driving lawyer in Melbourne, Best in AU.

DID YOU KNOW THAT IT IS A DRINK DRIVING OFFENCE IN VICTORIA IF?

a driver is caught drink driving in Melbourne and throughout Victoria with a BAC of .05 because it is considered a drink driving offence, and it’s punishable in court with a minimum mandatory loss of driver licence for 6 months?
a driver drinks and drives and records a reading of .05 BAC and above on private property, in other words drink driving offences in Melbourne and the rest of Victoria are not limited to public roads!

WHAT ARE THE CONSEQUENCES OF 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 if you accept the penalty you face serious consequences including;

Mandatory cancellation and disqualification of your driver licence.
Substantial fines.
Interlock conditions.
Zero blood alcohol conditions for 3 years; "Z condition".
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 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:

WHAT ARE THE PENALTIES OF DRINK DRIVING OFFENCES 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 minimise 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 maximise your chances to successfully defend or minimise licence loss and ongoing onerous legal obligations, where possible.

WHAT ARE THE 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 re-licensed at VicRoads. For second time drink drivers or for blood alcohol concentration readings in excess of 0.10 BAC, they are able to 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-licensed 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-licensed 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 maximise e your chances to successfully defend or minimise licence loss and ongoing onerous legal obligations where possible.

WHAT ARE THE CONSEQUENCES OF DRINK DRIVING OFFENCES AFTER A SUCCESSFUL REINSTATEMENT OF DRIVER LICENCE IN VICTORIA?

Once an application for reinstatement of a driver’s licence has been granted by the Magistrates’ court or by Vic Roads, there are mandatory conditions imposed 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 maximise your chances to successfully defend or minimise licence loss and ongoing onerous legal obligations where possible.

WHAT ARE THE 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 FROM MELBOURNE FOR DRINK DRIVING OFFENCES ?

Our drink driving lawyers in Melbourne have proven results throughout Victoria and Australia;

Drink driving laws in Victoria are complicated even to criminal lawyers or drink driving lawyers. 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.

Hence it is important to retain the best drink driving lawyers in Melbourne as soon as possible to defend you to maximise 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! For further drink driving in Victoria questions and answers by our best drink driving lawyers from Melbourne please scroll down.

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.

WHAT ARE COMBINED DRINK DRIVING AND DRUG DRIVING OFFENCES IN VICTORIA?

A combined drink driving offence and drug driving offence occurs when a driver has alcohol and drugs in their system within 3 hours of of being in charge of a vehicle in Victoria. A combined drink driving offence and drug driving offence 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 TO DO WHEN YOU'RE PULLED OVER FOR DRINK DRIVING & DRUG DRIVING TESTS IN VICTORIA?

When instructed by police to stop your vehicle or pull into a designated drug & alcohol testing station or a booze bus you must:

stop your vehicle and submit to a requirement for a preliminary breath test or preliminary oral fluid drug test. Failure to do so attracts a mandatory loss of drivers licence and a fine for first offenders
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) and 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 OFFENCE OR REFUSING TO ACCOMPANY A POLICE OFFICER IN VICTORIA?

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 Balot Reilly drink driving offences Victoria further legal resources

WHAT ARE THE MINIMUM DRIVER LICENCE DISQUALIFICATION PERIODS FOR DRINK DRIVING OFFENCES IN VICTORIA?

Drivers who drink and drive and later accept responsibility for a drink driving infringement in Melbourne or plead guilty to the charge in open court anywhere in Victoria will have their drivers licence cancelled and receive a minimum mandatory driver licence disqualification periods (with limited exceptions see hereunder) are as follows: Balot Reilly drink driving offences mandatory driver licence disqualification period for drink driving offences in Victoria

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 legal defences to avoid mandatory driver licence losses. 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?

If you accept responsibility for a drink driving and drug driving offence committed at the same time or plead guilty to the charge in open court the minimum mandatory periods increase. The driver licence loss is found here minimum driver licence loss for combined drug driving and drink driving in Victoria

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 minimise licence loss and ongoing onerous legal obligations where possible

WHAT ARE THE MINIMUM INTERLOCK REQUIREMENTS FOR DRINK DRIVING OFFENCES IN VICTORIA?

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. click here for interlock period for drink driving offences in Victoria 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?

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?

Any infringement which is not contested in court is considered a conviction for the purpose of the Road Safety Act. convictions for traffic infringement notices in Victoria click here

WILL I HAVE A CRIMINAL RECORD FOR A DRINK DRIVING OR DRUG DRIVING OFFENCE IF THE CHARGES ARE PROVEN AGAINST ME IN COURT?

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 /p>

WHICH OTHER DRIVING OFFENCES OR TRAFFIC OFFENCES CAN BALOT REILLY CRIMINAL LAWYERS DEFEND IN MELBOURNE, VICTORIA AND THROUGHOUT AUSTRALIA?

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 Criminal Lawyers in Melbourne are highly experienced in successfully handling driving 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 a driving offence in Melbourne, throughout Victoria and Australia. 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 provide you with the best legal advice for driving offence, best legal representation in court and will also give you peace of mind during your journey.

NEED LAST MINUTE HELP? ITS NEVER TOO LATE TO CONTACT THE BEST CRIMINAL LAWYER IN MELBOURNE FOR DRIVING OFFENCES?

It's never too late to contact an expert criminal lawyer for drink driving and traffic offences from Balot Reilly to immediately assist you with expert legal advice and to fight for you in court to save your future. You can contact our office on
Ph: (03) 9326 6606

Mob: 0421 905 576

Melbourne Criminal Lawyers for Drink Driving Charges| Best Traffic Lawyers in Melbourne | Balot Reilly Criminal Lawyers

Melbourne Office: 462 William Street Melbourne West, Victoria 3003

Available 24/7 for phone consultation

Ph: (03) 9326 6606

Mob: 0421 905 576

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