Drink Driving Defences in Victoria: What You Need to Know

By Jessica Wilkinson – Criminal Defence and Traffic Lawyer

Drink driving is one of the most common offences in Victoria, but its also one of the most misunderstood. Many clients seek advice, unaware of the mandatory consequences they face after being charged.

As a criminal defence lawyer, I want to shed some light on the legal landscape, possible penalties and the defences that may be available.

Understanding Drink Driving Laws in Victoria

Drink Driving offences in Victoria are governed by the Road Safety Act 1986. The law sets stric blood alcohol (BAC) limits, depending on the driver licence type and vehicle category:

• Full licence holders: Legal limit is under 0.05% BAC.
• Learner, probationary, or professional drivers (e.g., truck, taxi, Uber drivers): Legal limit is 0.00% BAC.

If you are caught with a BAC over the legal limit, you could be charged with a drink driving offence – even if you weren’t involved in an accident.

Penalties for Drink Driving in Victoria

Penalties vary depending on your BAC level, whether it is a first or subsequent offence, and other aggravating factors (eg: causing an accident, whether you have any priors).

However, what most people fail to realise is that ALL drink driving offences carry MANDATORY LICENCE LOSS. There are no special licences, there is no ability for a Magistrate to find sympathetic circumstances to allow you to keep your licence. This is because Parliament have decided that for any drink driving offence, the driver must lose their licence. There are no exceptions.

The length of time varies depending on a number of factors:

• Whether it is a first time or subsequent offence
• What the BAC reading is
• Whether you are a full or probationary licence holder.

Repeat offenders will face:

• Much harsher penalties
• Longer licence disqualifications (minimum 2–4 years in many cases)
• Mandatory court appearance
• Higher fines and real risk of imprisonment
• Compulsory completion of an Intensive Behaviour Change Program

Possible Defences to a Drink Driving Charge

Not all drink driving charges are open and shut. As a defence lawyer, its my job to explore every possible avenue. Here are some common defences:

1.       The “3 hour rule” – police must administer the test within 3 hours of you last being in control of the motor vehicle. If they did not locate you inside the vehicle (ie you had returned home before they breath tested you) you may have a drink driving defence. Ensure you raise this with your lawyer.

2.       Whether you were “in control” of a motor vehicle – Were you driving, or sitting in the car. Were you a passenger?

3.       Whether police followed the strict rules in administering the breathalyser – this is a technical legal defence and will require the assistance of a lawyer to work out of there have been any mistakes.

4.       Challenging the accuracy of the Breathalyser – this often requires expert evidence and can be an expensive defence to run. But it is an available option.

5.       Whether the charge has been initiated within time (12months from the offence date) and whether the charge is particularised correctly – this is something a lawyer needs to check over very carefully.

Drink driving is taken very seriously in Victoria due to the very high road tolls. As a defence lawyer, my role is to ensure your rights are protected and that every legal avenue is explored.

If you have been charged with a drink driving offence in Victoria, don’t navigate the legal system alone. Contact us today for a complementary phone consultation