Drink Driving Charges
If you have been charged with Drink Driving then you have come to the right place to find information and get help from a drink driving solicitor. This section of the website contains a number of articles written by experienced Drink Driving Solicitors, covering the range of drink driving charges in Victoria.
Each article on the specific drink driving charge, answers your questions about:
- What the VIC law states for drink driving charges,
- What the maximum penalty can be under VIC law,
- What the police or other prosecutor need to prove,
- Some of the defences to these charges, and
- Which court you will be going to.
Each article was correct at the time of publication but as the law changes constantly, it is important to ask your drink driving lawyer if there have been any recent changes to legislation pertaining to drink driving charges.
A list of the Drink Driving charges and a link to the respective articles is below:
- Driving under the influence of intoxicating liquor or of any drug - DUI - drink driving charge
- Driving while exceeding the prescribed concentration of alcohol s49 (1)(b) - drink driving charge
- Driving while exceeding the prescribed concentration of alcohol s49 (1) (f) - drink driving charge
- Exceed PCA s49 (1)(g) - drink driving charge
- Exceed prescribed concentration of drugs s49(1) - drug driving charge
- Exceed prescribed concentration of drugs s49 (1) (h) drug driving charge
- Refuse breath test - drink driving charge
- Refuse drug test - drug driving charge
- Refuse to give blood or urine sample - drink driving charge
- Refuse to provide further sample - drink driving charge
- Refuse to provide oral fluid - drink driving charge
- Drive while impaired by drugs - drug driving charge
If you have been charged with a driving offence and need advice or representation, please contact us immediately by calling 03 9670 5111 or book an appointment to meet with one of our drink driving solicitors.
Drink Driving Charges: Minimum Periods of Disqualification
View the table below to see the minimum disqualification periods for first time drink driving charges, and penalties for subsequent drink driving charges. This table lists the minimum disqualification periods for a drink drive charge.
The first column is the reading from the breathalyser. There is some discretion for a reading of less than .07 not to take a person's licence if certain other criteria are met. For all the other readings the penalty for drink driving is a mandatory minimum. That is the least the Magistrate has to give you.
The second set of possible drink driving sentences depend on when you were last charged. If it is outside 10 years the Magistrate does not have to impose the penalty but they often still increase from the minimum for a 1st offence of drink driving.
If you have been charged with Drink Driving, call Doogue & O'Brien on 03 9670 5121 or book an appointment with one of our Drink Driving Solicitors.
Definitions
Automatic period of disqualification = period of disqualification you can expect to receive unless their is good reason to reduce the period of disqualification.
Minimum period of disqualification = The minimum period of disqualification the court can impose by law.
Major Offences
- Drink driving
- Drug driving
- Exceed PCA
- Refuse to accompany Police
- Refuse Breath test
- Refuse to give blood or urine test
- Refuse Breath analysis
- DUI
- Driving under the influence
- s49 (1) (b) or s49 (1) (f) charges
| DRINK DRIVING CHARGES VIC - MINIMUM DISQUALIFICATION PERIODS | ||
| Concentration of alcohol in blood in grams per 100 millilitres of blood or in breath in grams per 210 litres of exhaled air. |
First offence | Subsequent offence |
| drink driving less than .07 | 6 months | 12 months |
| drink driving charge .07 or more but less than .08 | 6 months | 14 months |
| drink driving charge .08 or more but less than .09 | 6 months | 16 months |
| drink driving charge .09 or more but less than .10 | 6 months | 18 months |
| drink driving charge .10 or more but less than .11 | 10 months | 20 months |
| drink driving charge .11 or more but less than .12 | 11 months | 22 months |
| drink driving charge .12 or more but less than .13 | 12 months | 24 months |
| drink driving charge .13 or more but less than .14 | 13 months | 26 months |
| drink driving charge .14 or more but less than .15 | 14 months | 28 months |
| drink driving charge .15 or more but less than .16 | 15 months | 30 months |
| drink driving charge .16 or more but less than .17 | 16 months | 32 months |
| drink driving charge .17 or more but less than .18 | 17 months | 34 months |
| drink driving charge .18 or more but less than .19 | 18 months | 36 months |
| drink driving charge .19 or more but less than .20 | 19 months | 38 months |
| drink driving charge .20 or more but less than .21 | 20 months | 40 months |
| drink driving charge .21 or more but less than .22 | 21 months | 42 months |
| drink driving charge .22 or more but less than .23 | 22 months | 44 months |
| drink driving charge .23 or more but less than .24 | 23 months | 46 months |
| drink driving charge .24 or more | 24 months | 48 months |
