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Drink Driving, Lawyer
in Melbourne

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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

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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 Period2Maximum Fine (penalty units)3
or
Term of Imprisonment
Minimum Interlock Period4
(months)
First OffenceSubsequent OffenceFirst Offence5Second Offence6Subsequent Offence7First OffenceSecond Offence
less than ∙053 months12 months20 pu60 pu or 6 months180 pu or 18 months612
∙05 or more but less than ·076 months12 months20 pu60 pu or 6 months120 pu or 12 months612
·07 or more but less than ·086 months14 months20 pu60 pu or 6 months120 pu or 12 months612
·08 or more but less than ·096 months16 months20 pu60 pu or 6 months120 pu or 12 months612
·09 or more but less than ·106 months18 months20 pu60 pu or 6 months120 pu or 12 months612
·10 or more but less than ·1110 months20 months20 pu60 pu or 6 months120 pu or 12 months612
·11 or more but less than ·1211 months22 months20 pu60 pu or 6 months120 pu or 12 months612
·12 or more but less than ·1312 months24 months20 pu60 pu or 6 months120 pu or 12 months612
·13 or more but less than ·1413 months26 months20 pu60 pu or 6 months120 pu or 12 months612
·14 or more but less than ·1514 months28 months20 pu60 pu or 6 months120 pu or 12 months612
·15 or more but less than ·1615 months30 months20 pu120 pu or 12 months180 pu or 18 months648
·16 or more but less than ·1716 months32 months20 pu120 pu or 12 months180 pu or 18 months648
·17 or more but less than ·1817 months34 months20 pu120 pu or 12 months180 pu or 18 months648
·18 or more but less than ·1918 months36 months20 pu120 pu or 12 months180 pu or 18 months648
·19 or more but less than ·2018 months38 months20 pu120 pu or 12 months180 pu or 18 months648
·20 or more but less than ·2120 months40 months20 pu120 pu or 12 months180 pu or 18 months648
·21 or more but less than ·2221 months42 months20 pu120 pu or 12 months180 pu or 18 months648
·22 or more but less than ·2322 months44 months20 pu120 pu or 12 months180 pu or 18 months648
·23 or more but less than ·2423 months46 months20 pu120 pu or 12 months180 pu or 18 months648
·24 or more24 months48 months20 pu120 pu or 12 months180 pu or 18 months648
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 Offence2 years25 penalty units4,130.503 months
Second Offence4 years120 penalty units19,826.4012 months
Subsequent Offence4 years180 penalty units29,739.6018 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 ·0712244,956.6014,869.80629,739.6012
·07 or more but less than ·0812264,956.6014,869.80629,739.6012
·08 or more but less than ·0912284,956.6014,869.80629,739.6012
·09 or more but less than ·1012304,956.6014,869.80629,739.6012
·10 or more but less than ·1116324,956.6014,869.80629,739.6012
·11 or more but less than ·1217344,956.6014,869.80629,739.6012
·12 or more but less than ·1318364,956.6014,869.80629,739.6012
·13 or more but less than ·1419384,956.6014,869.80629,739.6012
·14 or more but less than ·1520404,956.6014,869.80629,739.6012
·15 or more but less than ·1621424,956.6029,739.60644,609.4018
·16 or more but less than ·1722444,956.6029,739.601244,609.4018
·17 or more but less than ·1823464,956.6029,739.601244,609.4018
·18 or more but less than ·1924484,956.6029,739.601244,609.4018
·19 or more but less than ·2025504,956.6029,739.601244,609.4018
·20 or more but less than ·2126524,956.6029,739.601244,609.4018
·21 or more but less than ·2227544,956.6029,739.601244,609.4018
·22 or more but less than ·2328564,956.6029,739.601244,609.4018
·23 or more but less than ·2429584,956.6029,739.601244,609.4018
·24 or more30604,956.6029,739.601244,609.4018
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).

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