skip to main content

Get the best Drink Driving Lawyers in Melbourne

Free Case Assessment

Melbourne Drink Driving Lawyers

Garde Wilson Lawyers are experts in handling all ranges of drink driving offences in Melbourne. From 1st time offenders through to high range offenders with prior and relevant history; we can ensure the following:

  1. No extended or harsh loss of license, and
  2. No lengthy community correction orders, and
  3. No terms of imprisonment

People caught on numerous occasions over the prescribed blood alcohol limit often face a term of imprisonment as they present as a clear and obvious risk to the community. To leave such an offence to a lawyer or firm that do not specialize in criminal defence would be an unforgiving mistake. We handle numerous cases of low to high range drink driving every week and have a tremendous record for achieving outstanding results against the police prosecution.

There are at times a strong case to defend a charge of Drink Driving with certain occasions resulting in the withdrawal of all charges. Although linked, alcohol related driving and traffic offences include the refusal to participate in an alcohol test, driving in a manner dangerous, failing to have control of the vehicle, XPCA or drink driving and driving while impaired. Charges of this sort usually have various alternative charges attached to them and rarely come as a stand alone charge. Do not risk your criminal record being unreasonably impacted by a listing or conviction of a charge such as these.

There are particular defences which at times are appropriate for submission, these being:

  1. Dispute of fact regarding the refusal of a breath test,
  2. Member of the police providing incorrect legal advice,
  3. Dispute regarding whether you HAD control of the vehicle in question,
  4. Machine report error concerning the device used to test the accused.

Any of these defences may be applicable to your case and Garde Wilson Lawyers can quickly assist you in establishing this. Speak to one of our criminal defence specialists about how to get the best result for your approaching drink driving offence in Melbourne.

Drink Driving Penalties

Download

DRINK DRIVING PENALTIES – AFTER 30 APRIL 2018
Full Licence (26 years or older)
Offence Description
section 49(1)(b) Road Safety Act 1986 (Vic)1
Minimum Disqualification Period2 Maximum Fine (penalty units)3
or
Term of Imprisonment
Minimum Interlock Period4
(months)
First Offence Subsequent Offence First Offence5 Second Offence6 Subsequent Offence7 First Offence Second Offence
less than ∙05 3 months 12 months 20 pu 60 pu or 6 months 180 pu or 18 months 6 12
∙05 or more but less than ·07 6 months 12 months 20 pu 60 pu or 6 months 120 pu or 12 months 6 12
·07 or more but less than ·08 6 months 14 months 20 pu 60 pu or 6 months 120 pu or 12 months 6 12
·08 or more but less than ·09 6 months 16 months 20 pu 60 pu or 6 months 120 pu or 12 months 6 12
·09 or more but less than ·10 6 months 18 months 20 pu 60 pu or 6 months 120 pu or 12 months 6 12
·10 or more but less than ·11 10 months 20 months 20 pu 60 pu or 6 months 120 pu or 12 months 6 12
·11 or more but less than ·12 11 months 22 months 20 pu 60 pu or 6 months 120 pu or 12 months 6 12
·12 or more but less than ·13 12 months 24 months 20 pu 60 pu or 6 months 120 pu or 12 months 6 12
·13 or more but less than ·14 13 months 26 months 20 pu 60 pu or 6 months 120 pu or 12 months 6 12
·14 or more but less than ·15 14 months 28 months 20 pu 60 pu or 6 months 120 pu or 12 months 6 12
·15 or more but less than ·16 15 months 30 months 20 pu 120 pu or 12 months 180 pu or 18 months 6 48
·16 or more but less than ·17 16 months 32 months 20 pu 120 pu or 12 months 180 pu or 18 months 6 48
·17 or more but less than ·18 17 months 34 months 20 pu 120 pu or 12 months 180 pu or 18 months 6 48
·18 or more but less than ·19 18 months 36 months 20 pu 120 pu or 12 months 180 pu or 18 months 6 48
·19 or more but less than ·20 18 months 38 months 20 pu 120 pu or 12 months 180 pu or 18 months 6 48
·20 or more but less than ·21 20 months 40 months 20 pu 120 pu or 12 months 180 pu or 18 months 6 48
·21 or more but less than ·22 21 months 42 months 20 pu 120 pu or 12 months 180 pu or 18 months 6 48
·22 or more but less than ·23 22 months 44 months 20 pu 120 pu or 12 months 180 pu or 18 months 6 48
·23 or more but less than ·24 23 months 46 months 20 pu 120 pu or 12 months 180 pu or 18 months 6 48
·24 or more 24 months 48 months 20 pu 120 pu or 12 months 180 pu or 18 months 6 48
1 Section 49(1)(b) Road Safety Act 1986 (Vic) states that “a person is guilty of an offence if he or she drives a motor vehicle or is in charge of a motor vehicle while the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in his or her blood or breath”.
2 Section 50(1A) Road Safety Act 1986 (Vic).
3 One penalty unit is currently $165.22, from 1 July 2019 to 30 June 2020.
4 Offence committed on or after 1 October 2014.
5 Section 49(2A)(a) Road Safety Act 1986 (Vic).
6 Section 49(2A)(b) Road Safety Act 1986 (Vic).
7 Section 49(2A)(c) Road Safety Act 1986 (Vic).
DRINK DRIVING PENALTIES – AFTER 30 APRIL 2018
Full Licence (26 years or older)
Offence Description
section 49(1)(a)
Road Safety Act 1986 (Vic) 8
Minimum Disqualification
Period 9
Maximum Fine
(penalty units) 10
Maximum Fine
($) 11
Maximum Term of Imprisonment
First Offence 2 years 25 penalty units 4,130.50 3 months
Second Offence 4 years 120 penalty units 19,826.40 12 months
Subsequent Offence 4 years 180 penalty units 29,739.60 18 months
8 Section 49(1)(a) Road Safety Act 1986 (Vic) states that “a person is guilty of an offence if he or she drives a motor vehicle or is in charge of a motor vehicle while under the influence of intoxicating liquor or of any drug to such an extent as to be incapable of having proper control of the motor vehicle”.
9 Section 50(1B) Road Safety Act 1986 (Vic).
10 Section 49(2) Road Safety Act 1986 (Vic).
11 One penalty unit is currently $165.22, from 1 July 2019 to 30 June 2020.
COMBINED DRINK AND DRUG DRIVING PENALTIES – AFTER 30 APRIL 2018
Full Licence (26 years or older)
Offence Description
section 49(1)(bc)
Road Safety Act 1986 (Vic) 12
Minimum Disqualification
Period 13
(months)
Maximum
Fine
($)
Maximum
Fine
($)
Maximum
Imprisonment
(months)
Maximum
Fine
($)
Maximum
Imprisonment
(months)
First
Offence
Subsequent
Offence
First
Offence 14
Second
Offence 15
Subsequent
Offence 16
less than ·07 12 24 4,956.60 14,869.80 6 29,739.60 12
·07 or more but less than ·08 12 26 4,956.60 14,869.80 6 29,739.60 12
·08 or more but less than ·09 12 28 4,956.60 14,869.80 6 29,739.60 12
·09 or more but less than ·10 12 30 4,956.60 14,869.80 6 29,739.60 12
·10 or more but less than ·11 16 32 4,956.60 14,869.80 6 29,739.60 12
·11 or more but less than ·12 17 34 4,956.60 14,869.80 6 29,739.60 12
·12 or more but less than ·13 18 36 4,956.60 14,869.80 6 29,739.60 12
·13 or more but less than ·14 19 38 4,956.60 14,869.80 6 29,739.60 12
·14 or more but less than ·15 20 40 4,956.60 14,869.80 6 29,739.60 12
·15 or more but less than ·16 21 42 4,956.60 29,739.60 6 44,609.40 18
·16 or more but less than ·17 22 44 4,956.60 29,739.60 12 44,609.40 18
·17 or more but less than ·18 23 46 4,956.60 29,739.60 12 44,609.40 18
·18 or more but less than ·19 24 48 4,956.60 29,739.60 12 44,609.40 18
·19 or more but less than ·20 25 50 4,956.60 29,739.60 12 44,609.40 18
·20 or more but less than ·21 26 52 4,956.60 29,739.60 12 44,609.40 18
·21 or more but less than ·22 27 54 4,956.60 29,739.60 12 44,609.40 18
·22 or more but less than ·23 28 56 4,956.60 29,739.60 12 44,609.40 18
·23 or more but less than ·24 29 58 4,956.60 29,739.60 12 44,609.40 18
·24 or more 30 60 4,956.60 29,739.60 12 44,609.40 18
12 Section 49(1)(b) Road Safety Act 1986 (Vic) states that “a person is guilty of an offence if he or she drives a motor vehicle or is in charge of a motor vehicle while both the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in his or her blood or breath; and the prescribed concentration of drugs or more than the prescribed concentration of drugs is present in his or her blood or oral fluid”.
13 Section 50(1AD) Road Safety Act 1986 (Vic).
14 Section 49(3AAB)(a) Road Safety Act 1986 (Vic).
15 Section 49(3AAB)(b) Road Safety Act 1986 (Vic).
16 Section 49(3AAB)(c) Road Safety Act 1986 (Vic).

Our FREE guide to how to best prepare for your Court Case

Download

Get the Free Case Assessment

NEED HELP with Drink Driving Charges?
Avoid Jail. Keep Your License. FREE Legal Advice.

    This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
    Call Now Button