Drink Driving Case Studies

Drink driving charges in Victoria are among the most common matters heard in the Magistrates’ Court, but common does not mean straightforward. The consequences of a conviction extend well beyond the fine. A licence cancellation affects employment, family obligations and daily life. An alcohol interlock condition follows a person for years after they regain their licence. A criminal record can affect professional registration and international travel. And for someone with a prior drink driving conviction within the preceding ten years, the mandatory minimum cancellation periods increase significantly.

The case studies on this page are drawn from real matters we have defended. The charges, courts and outcomes have not been altered. Client details have been changed to protect privacy. They are published to give an honest indication of how these matters proceed and what results are achievable, not to suggest that every case on similar charges will produce the same outcome.

How drink driving charges work in Victoria

Drink driving offences in Victoria are governed by section 49 of the Road Safety Act 1986 (Vic). The most common charge is exceeding the prescribed concentration of alcohol, known as a PCA offence. The legal BAC limit is less than 0.05 for fully licensed drivers over 26. For learner permit holders and P1 and P2 licence holders, the limit is zero.

The penalties that apply depend on the BAC recorded, the type of licence held, and whether the person has any prior drink driving convictions within the preceding ten years. For a first offender on a full licence with a BAC between 0.05 and 0.069, the mandatory minimum cancellation is three months on an infringement notice, rising to six months if the matter is heard in court. For a BAC between 0.07 and 0.099, the mandatory minimum is six months. For a BAC of 0.10 or above, the mandatory minimum rises further, and for a BAC of 0.15 or above, the matter must be dealt with in court rather than by infringement notice, with a maximum penalty of 120 penalty units or 12 months imprisonment for a first offence. Courts cannot go below the mandatory minimum cancellation periods, regardless of the individual circumstances of the case.

Refusing to provide a breath test is a separate offence under section 49(1)(c) of the Road Safety Act 1986. For a first offence, refusing a breath test carries a mandatory minimum licence cancellation of two years. For a subsequent offence, that minimum rises to four years.

All drink driving offenders are also required to complete a Drink Driver Behaviour Change Program and, upon relicensing, must hold a zero BAC condition on their licence for at least three years. First offenders are required to have an alcohol interlock device fitted for at least six months. For second or subsequent offenders, the interlock period increases.

What a drink driving lawyer does

Because courts cannot go below mandatory minimums, the work of a drink driving lawyer focuses on the aspects of the case that do remain within the court’s discretion. That includes whether a non-conviction outcome is available, the amount of any fine, the length of any cancellation beyond the mandatory minimum, and whether any other charges accompanying the drink driving matter can be resolved favourably.

In some cases, the evidence itself is in dispute. The validity of a breath test, the procedures followed by police, and whether the person was legally in charge of a vehicle at the relevant time are all issues that can affect whether the prosecution can prove the charge at all. The case studies below illustrate how these issues arise in practice and what outcomes are possible across a range of circumstances.

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