What If It Is My First Drink Driving Offence?

If it is your first drink driving offence, you may be wondering what penalties you are likely to face and whether the court will be lenient. While a first offence is generally treated more favourably than a repeat offence, it does not mean you will avoid serious consequences. 

Depending on your blood alcohol concentration (BAC) and the circumstances of the offence, you may still face a criminal charge, a fine, licence cancellation and, in some cases, an alcohol interlock requirement.

The outcome of your case will depend on the specific facts, your driving history and the applicable Victorian laws.

Is a first offence treated more leniently?

Generally, yes.

The Magistrates’ Court will often recognise that a person with no prior traffic or criminal history presents a lower risk of reoffending than someone with multiple drink driving convictions.

A good driving record, genuine remorse and early acceptance of responsibility may all assist when the court is deciding the appropriate sentence.

However, drink driving is regarded as a serious offence because of the risks it creates for other road users.

Will I lose my licence?

In many cases, yes.

Whether your licence is cancelled or suspended depends on:

• your blood alcohol concentration;

• the type of offence;

• whether police issued an immediate suspension;

• the legislation applying to your offence; and

• the orders ultimately made by the court or the licensing authority.

Even for a first offence, many drivers will lose their licence for a period of time.

Will I get a criminal record?

A drink driving offence may result in a criminal record.

Whether a conviction is recorded depends on a range of factors, including:

• the seriousness of the offence;

• your personal circumstances;

• your prior history;

• your level of remorse;

• your rehabilitation; and

• the sentencing outcome.

A lawyer can advise you about the likelihood of a conviction being recorded in your particular case.

Will I have to install an alcohol interlock?

Possibly.

Many first-time drink driving offenders are required to complete an alcohol interlock period before returning to unrestricted driving.

Whether this requirement applies depends on the nature of the offence and the applicable Victorian licensing laws.

Can I go to jail for a first offence?

For most first-time drink driving matters, imprisonment is uncommon.

However, it remains a sentencing option for more serious offending, particularly where there are aggravating circumstances such as:

• an extremely high blood alcohol concentration;

• dangerous driving;

• a collision causing injury;

• multiple offences arising from the same incident; or

• other serious criminal conduct.

Every case is assessed on its own facts.

What can I do to improve the outcome?

There are often practical steps you can take before your court date.

Depending on your circumstances, these may include:

• obtaining character references;

• completing alcohol education or counselling;

• demonstrating insight into the offending;

• addressing any underlying alcohol dependency;

• maintaining employment; and

• obtaining legal advice as early as possible.

Early preparation allows your lawyer to present the strongest possible plea in mitigation.

Should I plead guilty?

That depends.

Some people assume they should plead guilty simply because it is their first offence. Others assume they should contest the charge.

Before making any decision, the evidence should be carefully reviewed to determine:

• whether the police complied with the required procedures;

• whether the prosecution can prove each element of the offence;

• whether any legal defences exist; and

• whether there are issues affecting the admissibility or reliability of the evidence.

Obtaining legal advice before entering a plea is always recommended.

Does the court consider my personal circumstances?

Yes.

When sentencing a first-time offender, the court may consider matters such as:

• your age;

• your employment;

• your family responsibilities;

• your prior good character;

• your driving history;

• your prospects of rehabilitation; and

• the impact that a conviction may have on your future.

While these matters do not remove mandatory licence consequences, they may be relevant to the overall sentence imposed.

Do I need a lawyer for a first offence?

Although not every first drink driving offence is legally complex, the consequences can be significant.

A lawyer can explain the likely penalties, identify any available defences, advise whether the prosecution case should be challenged, and present your personal circumstances to the court in the most effective way.

At Wilkinson Lawyers, we regularly represent first-time drink driving offenders throughout Victoria. We provide practical advice about your options, explain the likely consequences for your licence and criminal record, and work towards achieving the best possible outcome in your case.

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