Driving over the legal limit is a very common offence in Victoria. If you are over 26 years old, this is your first offence, and your BAC is more than 0.05 but less than 0.069, the police can choose to give you a traffic infringement notice and take away your licence for three months.
Usually, though, if you are found driving with a BAC higher than the legal limit, you will have to go to court. The maximum limit for new drivers and people on probation is 0.00, while for most other drivers, it is 0.05. Victoria's worst punishment for a first-time drink-driving offender who has to go to court is a fine. Besides that, you will lose your licence. The shortest amount of time you will have to go without a licence will depend on your BAC.
Anyone caught drink driving in Victoria should talk to an experienced criminal lawyer at Josh Smith Legal right away. You can ask a good criminal lawyer if you have a defence to the charge. They will also be able to tell you what the penalty and licence loss will be, as well as what you need to do to get your licence back if you lose it.
Possible Charges Against You
People who are over the legal limit and are pulled over by police or asked to take a breath test are usually charged with drink driving. There are, however, other offences that the police can charge you with if they think you have been drinking and are driving.
Refusing to take a breath test when the police tell you to can get you in trouble. You will lose your licence for at least 24 months, and maybe even longer, if you are charged with this offence and found guilty. Of course, it's not a good idea to refuse a breath test if the police ask you to. You should talk to a criminal lawyer right away if you are charged with this offence to see if you have a good case. If you do, you may not lose your licence for at least 24 months (or 48 months for a second offence).
The police can also charge you with driving under the influence (DUI) if they think you were too drunk or high to properly handle your car. Again, the minimum amount of time you will lose your licence is 24 months. Furthermore, you should talk to a criminal lawyer to find out if you have a defence to this charge. This is especially important because you may not have failed a breath test at the time of the charge, so the police will need to have enough evidence from another source to prove you guilty in court. Quite often, they don't have that kind of proof.
To be clear, both refusing a breath test and DUI automatically result in losing your licence for at least 24 months if you are a first-time offender. The worst punishment for both charges is a fine, but because you will lose your licence for a long time, you should consider whether you have a defence before pleading guilty to either.
Penalties For Driving While Drunk
As already mentioned, people who get caught drink driving for the first time will be fined and lose their licence. The required minimum cancellation time gets longer as the reading goes up.
In addition to any required period of licence suspension, a first-time offender will need to complete a program to change the way they drive so they can get their licence back. Once they get their licence back, they will have to maintain a zero BAC and have an interlock device in their car for a certain amount of time. Again, that time will be longer if the BAC level is higher.
What If I've Done This Before?
Remember that if you face a required minimum loss of licence, the court has no choice but to take away your licence, no matter how bad it will be for you. The court has no choice but to take away your licence for longer than the minimum amount of time required by law.
People who repeatedly break the law by driving while drunk can receive fines, community service orders, or even jail time for a second, third, or subsequent offence. You should talk to a criminal lawyer if you are facing a charge of drink driving that is not your first offence.
Conclusion
Victoria's stringent drink-driving laws underscore the state's commitment to road safety, imposing severe penalties such as fines, licence suspensions, mandatory behaviour change programs, and the installation of alcohol interlock devices for offenders. These laws apply equally to Victorian drivers caught drink driving in other states, ensuring consistent enforcement under the Road Safety Act 1986. Both first-time and repeat offenders face significant consequences, and it is crucial for those charged to seek experienced legal representation to navigate these complex regulations and achieve the best possible outcome.
Resources And Further Reading
- https://www.victimsofcrime.vic.gov.au/summary-and-indictable-offenses
- https://www.vicroads.vic.gov.au/licences/drink-driving-drug-driving-and-excessive-speed-offences/drink-and-drug-driving-offences/drink-driving-offences
- https://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/vic/consol_act/rsa1986125/
