Melbourne Traffic Lawyers - Charges

Drink Driving Charges

Other Information

Courts, Police & Prisons

Doogue & O'Brien Locations

About Us

Legal Partners

Criminal Lawyers Melbourne

Driving Offences Menu

Criminal Lawyers Melbourne

Doogue & O'Brien Testimonials

"I don't think I could have coped if I lost my trial. The preparation you put in was amazing."

Gary F

"I was proud that we stood up and fought the charges. I would have lost everything if I had been found guilty."

Peter L

"Your compassion during my time of need was outstanding. Many thanks."

Cameron A

"Lots of people kept telling me I should plead guilty except for your firm. You were right."

Lee W

"Everyone was judging me except for you. That support really helped me get through a terrible time."

John A

Criminal Lawyers Melbourne

Recent Articles

Driving Case Studies and Articles

Criminal Lawyers Melbourne
Have you been charged with a drink driving charge? We have an extensive number of articles about drink driving charges and other general drink driving articles on this website. The Courts are imposing tougher penalties for drink driving in recent times and they are cases that need to be prepared carefully.


Terms for drink driving charges range from exceed .05, DUI (driving under the influence), exceed PCA,  section 49 (1)(b), section 49 (1)(f) , or sometimes culpable driving charges or dangerous driving causing death.

Some major issues in drink driving cases are;
  • "Have the Police complied with all the necessary requirements?" Drink drive cases are often very complex and rely on very technical defences. It requires a sound knowledge of the law in relation to drink driving.

  • "How do we put my charge in context of my many drink driving prior convictions?" (There are many explanations that can be made –spontaneous nature, personal circumstances of work and family, length of time between appearances, low readings, liver function tests etc)

  • "What can we show to say you have changed since this drink driving?" (We advise as to what courses or steps may be useful)
  Your Information Preference
Information about:


Basis for requesting preliminary breath test. Reasonable belief as to matters relevant to request
Blood sample and 3 hour rule
Breath sample and 3 hour rule
Breath testing instrument malfunctioning. Onus on accused to establish breat testing instrument not working.
Can a Court dismiss a drink driving offence under s. 49(1)(b) rather than s. 49(1)(f)
Careless Driving, Exceed PCA - Minimum possible disqualification period
Careless driving, Failing to stop after an accident - Gulity plea - Good behaviour bond, no loss of licence
Consequences of a police officer not informing of right to obtain a blood sample
Create False Entry in Log Book x 4 (s. 191Z of the Road Safety Act) - Diversion
Culpable driving and dangerous driving causing death - Acquittal
Culpable driving plea, County Court
Dangerous driving causing death Dangerous driving causing serious injury
Dangerous Driving, Careless Driving - Good Behaviour Bond
Dangerous driving, Fail to report damage - Minimum Disqualification Term and Fine. Charges of Failed To Turn Left At a Turn Left Only Sign, Turned Right in a Hook Turn Only Lane, Drive in a Bicycle Lane - Withdrawn
Doctor who authorises taking of blood sample pursuant to drink driving offence prosecution
Drink driving - Exceed prescribed concentration of alcohol
Drink driving and whether Informant required to explain from the outset the requirements of s. 55 of the Road Safety Act
Drink driving offence and whether breath testing instrument present when request for breath sample made
Drink driving offence and whether informant must explain consequences of refusing a preliminary breath test
Drink driving penalites and whether conviction recorded for earlier offence
Drink Driving x 2 - First charge struck out
Drive disqualified - Fine, no licence loss
Drive disqualified - Fine, no loss of licence
Drive disqualified - Intensive Corrections Order (ICO)
Drive disqualified - Suspended sentence
Drive disqualified - Wholly suspended sentence
Drive disqualified, Breach of suspended sentence - Intensive Corrections Order (ICO)
Drive disqualified, State false name and address - Wholly suspended sentence and Fine
Drive while impaired by drugs - Good Behaviour Bond
Drive while suspended by infringements
Drive while suspended by infringements - Fine without conviction, no loss of licence
Drive whilst license suspended - Suspended Sentence
Drive Whilst License Suspended, Fail to wear seat belt, Drive unregistered motor vehicle
Driving Offences - Appeal against term of imprisonment in the County Court
Driving under the influence, Careless driving - No conviction
Driving whilst disqualified- Suspended Sentence, Exceeding signed speed limit - Mandatory minimum licence loss
Driving whilst disqualified x 2, fraudulent use of plates x 3 - Suspended sentence
Driving Whilst License Disqualified, plea of guilty in Magistrates Court
Exceed PCA - .124%; Use a drug of dependence being heroin
Exceed PCA - 49 (1)(b), Exceed PCA 49(1)(f)
Exceed Speed Limit - Charge Withdrawn
Exceed Speed limit (over 40kms but less than 45kms/hr in excess of permitted speed limit)
Fail to give way when changing lanes, Fail to produce drivers licence
Fail to report an accident - Fine and no loss of licence
Failure to provide driver a copy of the bac certificate.
Failure to specify correct location in charge sheet
Motor vehicle offences: exceed pca, drive disqualified
Negligently causing serious injury- driving matter- plea in the County Court
Not a defence to a charge under s. 49(1)(e) for refusing to accompany to say that refusal was for a reason of substantial character
Police officer not to discourage request for blood sample
Prosecution must ensure intergrity of blood sample taken for drink driving offences
Prosecution must establish that breath testing instrument used to take sample accords with definition under the Road Safety Act
Reckless conduct endangering serious injury, Dangerous driving, Refuse breath test, Driving under the influence (DUI), Failing to stop after an accident, Failing to report an accident, Failing to display P plates
Red Light Camera - Not Guilty
Refusal to remain - what must the Police tell you
Refusal to remain at breath-testing station
Request to accompany and to remain for the purpose of a breath/blood test
Taking blood sample, whether must prove request for breath test first
Traffic infringement notice is a prior offence for calculating disqualification
Traffic offences, appeal to County Court
Use of expert evidence and defending drink driving offences
Whether ommissions create a nullity or defective charge
whether prosecution bears onus of establishing breath testing instrument operated properly
Whether requirement to accompany for a breath sample be made on reasonable grounds
Whether the precise recital of the requirement to accompany police required


We have great experience in these matters. We have regular in-housetraining on drink driving charges as it is an important part of our Firm’s work.

Book to see one of our solicitors now.

Criminal Lawyers Melbourne
 Speak to a Lawyer Eamil us your question Book now Request a quote


Level 5/221 Queen St Melbourne, Victoria (03) 9670 5111
Broadmeadows (03) 9351 1455       Heidelberg (03) 9458 3700

victoriaLawLogoSmall.png, 7.2kB doogueObrienLogoMedium.jpg, 1.4kB