Can I Contest Drink Driving Charges?

If you have been charged with drink driving, you may be asking, “Can I contest drink driving charges?” The answer is yes.

Like any criminal offence, a drink driving charge can be contested if there is a legitimate legal or factual basis to do so. However, contesting a charge simply because you are unhappy with the consequences is unlikely to succeed. 

Before deciding whether to plead guilty or not guilty, it is important to have the evidence carefully reviewed by an experienced criminal defence lawyer.

Many drink driving cases appear straightforward, but there are occasions where the prosecution cannot prove every element of the offence or where important legal procedures have not been followed.

Can every drink driving charge be contested?

Yes.

Every person charged with a criminal offence is entitled to plead not guilty and require the prosecution to prove the charge beyond reasonable doubt.

Whether contesting the charge is advisable depends on the strength of the prosecution case and the particular facts of your matter.

What defences are available?

There is no single defence that applies to every drink driving case.

Potential issues that may arise include:

• whether you were driving or in charge of the vehicle;

• whether the police lawfully required a breath or blood sample;

• whether the breath testing procedures were properly followed;

• whether the breath analysis equipment was operated correctly;

• whether the blood sample was properly obtained and analysed;

• whether the prosecution can prove your blood alcohol concentration at the relevant time; and

• whether the prosecution can prove every element of the offence.

Each case turns on its own facts.

Can I challenge the breath test?

Sometimes.

Breath testing is governed by strict legal procedures.

If those procedures have not been followed correctly, it may affect the admissibility or reliability of the evidence.

However, not every procedural error will result in a charge being dismissed. The significance of any issue depends on the circumstances of the case.

What evidence will the prosecution rely on?

The prosecution commonly relies on:

• the charge sheet;

• police statements;

• the certificate of breath analysis or blood analysis;

• body-worn camera footage;

• in-car police video;

• photographs;

• admissions allegedly made by the driver; and

• any other relevant documentary or forensic evidence.

A lawyer will review the brief of evidence to determine whether there are weaknesses in the prosecution case.

What happens if I plead not guilty?

If you contest the charge, your matter will usually proceed through the normal court process.

This may include:

• a filing hearing or mention;

• a contest mention;

• negotiations with the prosecution;

• disclosure of the prosecution brief; and

• a contested hearing where witnesses give evidence and can be cross-examined.

At the conclusion of the hearing, the Magistrate will decide whether the prosecution has proved the charge beyond reasonable doubt.

Is it worth contesting the charge?

That depends entirely on the evidence.

Some cases have strong legal or factual issues that justify a contested hearing.

Others involve overwhelming evidence, where an early plea of guilty may produce a better outcome than proceeding to a hearing.

A careful assessment of the prosecution brief should always be undertaken before deciding how to proceed.

What if I admit I was drinking?

Admitting that you consumed alcohol does not automatically mean you are guilty of drink driving.

The prosecution must still prove every element of the offence.

For example, there may still be disputes about:

• whether you were driving;

• whether testing procedures were lawfully carried out;

• whether the evidence is admissible; or

• whether the prosecution has proved the required blood alcohol concentration.

Every case should be assessed on its own merits.

Should I get legal advice before pleading guilty?

Yes.

One of the biggest mistakes people make is pleading guilty before obtaining legal advice.

Once a guilty plea has been entered, it may be difficult to reverse that decision.

An experienced criminal defence lawyer can review the evidence, identify any available defences, negotiate with the prosecution where appropriate, and advise whether contesting the charge is likely to be in your best interests.

Speak to an experienced drink driving lawyer

If you have been charged with drink driving in Victoria, it is important to understand your options before deciding whether to plead guilty or contest the allegation.

At Wilkinson Lawyers, we regularly represent clients in contested drink driving matters throughout Victoria. We carefully review the prosecution evidence, identify any legal issues, and provide practical advice about whether contesting the charge is likely to achieve a better outcome in your particular circumstances.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.