Facing A Drink Driving Charge? Speak To Our Experienced Drink Driving Lawyers Today
A drink driving charge in Victoria can mean losing your licence, paying serious fines, and depending on your reading or your history, ending up with a criminal record or facing jail.
Before you assume the worst, it’s worth knowing the outcome is not automatic. Josh Smith Legal has helped clients across Victoria reduce penalties, protect their licence, and in some cases avoid a conviction entirely, even when the situation initially looked bleak.
The earlier you get advice, the more options you have.
What You’re Facing
Drink driving charges in Victoria move quickly. The consequences escalate depending on your blood alcohol reading, your licence type, and your history.
- Immediate licence suspension before your court date
- Months or years off the road
- Heavy fines
- Alcohol interlock conditions fitted to your vehicle
- A criminal conviction on your record
- Imprisonment for higher-range or repeat offences
People talk about low, mid and high range readings. That’s roughly right, but Victoria actually sets the ban in much smaller steps, especially from 0.10 up.
| Blood alcohol reading | Minimum disqualification |
|---|---|
| 0.05 to below 0.10 | 6 months |
| 0.10 to below 0.11 | 10 months |
| 0.11 to below 0.12 | 11 months |
| 0.12 to below 0.13 | 12 months |
| 0.13 to below 0.14 | 13 months |
| 0.14 to below 0.15 | 14 months |
| 0.15 to below 0.16 | 15 months |
| 0.16 and above | 16 months, rising one month per 0.01, to 24 months |
These are the minimum periods for a first offence by a fully licensed driver, set by the Road Safety Act 1986. If you are required to have a zero reading, such as a learner or probationary driver, a disqualification can apply to a reading below 0.05, generally starting at 3 months.
Imprisonment is not part of the picture for most first offences. A first prescribed-concentration offence ordinarily carries a fine. Imprisonment is an available sentence in some cases, including but not limited to repeat offending, and the maximum depends on how many prior offences there are and whether the reading was at least 0.15.
Immediate licence suspensionPolice may issue an immediate licence or permit suspension before your court date, including for first-time offenders. You may be able to appeal that suspension in the Magistrates’ Court, but strict procedural and notice requirements apply. Get advice promptly rather than assuming nothing can be done.
Charged With Drink Driving?
If you’ve been charged with a driving offence call us immediately, we’re available 24/7
How We Approach Your Case
Every case is different, but the goal is always the same: minimise the impact on your life. We look closely at the detail.
- Was the stop lawful?
- Was the breath test administered correctly?
- Was the equipment properly calibrated?
- Is the evidence reliable?
From there we identify your options, whether that means challenging the charge directly or presenting your circumstances persuasively to reduce the outcome.
Defences Available
- Issues with how the breath test was conducted, or with equipment calibration
- Evidence that the later test result did not reflect your reading at the time of driving, including where alcohol was consumed shortly before or after driving
- Medical factors affecting the reading
- Procedural errors by police
- In exceptional emergencies, a narrow necessity defence
There’s an argument that your reading was still rising when police tested you, so it was lower when you were actually driving. It can work, but it’s not a magic bullet: it needs careful evidence about timing and how much you drank, usually from an expert. The emergency defence is even harder to run. Both are worth checking properly rather than guessing either way.
Even where no defence applies, strong preparation and submissions can reduce the penalty, shorten the disqualification period, or avoid a conviction entirely.
If drugs were also detected, the charge is dealt with separately: see our drug offences lawyers. For suspended, disqualified, dangerous or excessive speeding charges, see our traffic lawyers.
Act Quickly
Getting legal advice early gives your lawyer the most options, including the opportunity to challenge the charge or negotiate before your first court date.
If your court date is approaching and you don’t yet have a lawyer, call Josh Smith Legal immediately on 03 8658 5872.
Why Choose Josh Smith Legal?
We appear in the Magistrates’ Court on drink driving matters constantly. Here’s what sets us apart.
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We’re Available When You Need Us Most
24/7, 365 days a year, including nights, weekends and public holidays. Drink driving charges don’t wait for business hours and neither do we. Call us the moment you’re charged and we’ll advise you immediately on your options.
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A Proven Track Record On Drink Driving Matters
We’ve acted for clients across every reading and in Magistrates’ Courts throughout Victoria, including matters that resolved without a conviction being recorded. Our 4.9-star rating from over 200 Google reviews.
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We Know How To Protect Your Licence
Losing your licence affects your work, your family and your independence. We focus on the real-world impact: shorter disqualification periods, reduced penalties, and keeping your record clean wherever possible.
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Access To Victoria’s Leading Barristers & King’s Counsel
When your case demands it, Josh personally briefs some of Australia’s most highly regarded KCs and barristers. You get senior representation at every level, without being passed to a junior.
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Free Case Evaluation
Call us and we’ll explain exactly where you stand: what the charge means, what the realistic outcomes are, and how we can help. No legal jargon. No obligation.
Charged With Drink Driving?
If you’ve been charged with a driving offence call us immediately, we’re available 24/7
Charged With Drink Driving? Let Us Help You Get The Best Possible Outcome
A drink driving charge doesn’t have to define your future. The outcome depends on how well your case is handled, and that starts with who you call.
We know the courts, we know the law, and we know what it takes to achieve the best possible result, whether that means fighting the charge, minimising the disqualification period, or avoiding a conviction on your record entirely.
Don’t face the Victorian courts alone.
Call 03 8658 5872 for a free initial consultation, we’re available 24/7.
Frequently Asked Questions
Will I definitely lose my licence?
In most cases some period of disqualification applies, but the length varies significantly. How your case is handled, and how effectively your circumstances are presented, can make a real difference to the outcome.
Can I avoid a criminal conviction for drink driving?
Yes, in appropriate cases. The court has discretion depending on your reading, your history, and how your case is presented. We have achieved no-conviction outcomes for drink driving clients, though whether one is realistically available in your matter depends on the facts.
Police suspended my licence at the roadside. Can that be challenged?
Sometimes. There are limited grounds and a short window to act, so this is one of the most time-critical parts of a drink driving matter. Call us immediately if your licence was taken on the spot.
Do I need a lawyer or can I represent myself?
You can represent yourself. Where representation tends to matter most is on penalty: the length of any disqualification, whether a conviction is recorded, and how your circumstances are put to the magistrate. On a straightforward low-range first offence, the difference is smaller.
What is an alcohol interlock?
A device fitted to your vehicle that requires a breath test before the engine will start. Courts impose interlock conditions in a range of cases. A lawyer can make submissions about the period it applies for.
This page is general information about drink driving law in Victoria. It is not legal advice and does not take your circumstances into account. Maximum penalties, procedures and time limits change. For advice on your own matter, call 03 8658 5872.
Every case is different and past results do not guarantee a particular outcome.
