Have you been charged with a drink driving offence?
Drink driving offences in Victoria are prosecuted under the Road Safety Act 1986 (Vic). Drink driving offences fall into 2 broad categories: exceed concentration of alcohol offences (Drive under the influence and Exceed pca) and refusal offences (refuse preliminary or evidential breath test).
Regardless of whether a drink driving offence relates to a blood alcohol concentration or comes about because an accused refuses to provide a breath sample for analysis, a mandatory disqualification period applies.
The length of the disqualification period depends upon the offence and various factors which include:
Whether the offence arises from exceed the prescribed concentration of alcohol (exceed PCA) or amounts to a refusal to comply with a director to provide either a preliminary (roadside) or evidentiary breath test (a 2nd breath test usually taken at a police station).
The blood alcohol concentration (the higher the bac% the longer the disqualification).
Whether the offence is a first or subsequent offence.
Always get advice to explore your options
If you are required to go to Court for any drink driving related offence, it is prudent to speak to an experienced criminal defence lawyer about your options. Shaun Pascoe is an Accredited Criminal Law Specialist with over 18 years’ experience representing clients for all criminal law related charges including traffic offences. In 2020 and 2021 his firm, Pascoe Criminal Law was formally recognised by Doyle’s Guide as a recommended criminal and traffic law firm in Victoria.
We have provided several case studies, and articles which explain the elements, defences, and penalties for drink driving offences. It is important to note that for repeat drink driving offences, imprisonment in addition to increased license disqualification periods may apply.
Drink Driving Offence Resources
Drink Driving Offences
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