Frequently
Asked Questions
in Drink Driving Cases
If I plead guilty, can the court let
me keep my licence?
Generally not. See the Penalties page for exceptions to
this.
My drink driving fine says I will lose
my licence for 13 months. How can I avoid losing my licence?
You need to defend the fine in court and be
acquitted.
Can the Magistrate take into account
my personal circumstances to reduce a mandatory licence loss period?
No. See the Penalties page.
What if I offer to pay a $6,000 fine,
do 500 hours of community work and undertake not to commit any further
offence for 15 years?
Impossible. There are two alternatives. Win or
lose.
Can I get a drive-to-work licence or
day time hours licence?
No. See the Penalties page.
Is it possible to win a drink driving
case?
Yes. Although the odds favour the police, your
case is winnable.
Should I object to the infringement
notice and take the matter to court?
You must object to the fine and take it to
court if you want a different outcome to what is on the infringement
notice. Read the Fines page.
Will I lose my licence for a longer
period if I take the matter to court?
In nearly all cases the licence loss period
will not get worse if you take it to court.
What are my chances of winning in
court?
It
depends on the state of the paperwork and the police evidence. It
usually does not depend on the your version of events. If you had an
accident, or had a blood sample was taken, or you refused to cooperate
with the police then your chances actually improve. Your version of
events is largely irrelevant unless you say the police did not find you
driving a vehicle. No lawyer can properly answer this question without
seeing the police statements and the court paperwork, so ask your
lawyer this question only when you have the court papers and the police
statements. See the legal advice page.
Will having prior convictions for
drink driving make it harder to win my case?
No. It is totally irrelevant whether you have
priors or not.
Will having a very high reading make
it harder to win my case?
No,
the magnitude of your reading is irrelevant. Statistics will show that
the higher your reading is, the greater chance you have of being
aquitted.
I believe my breath test result was
incorrect. What can I do to challenge the reading?
You need to ask for a blood test immediately
after you receive your breath test result. You will find it very
difficult to challenge the reading unless you asked for a blood test.
I had only two light beers before
driving and am sure I was under 0.05%. Can I use this evidence in my
defence?
Yes, provided your blood test result confirms
what you say you drank.
Do I need to prove I was under 0.05%
to win my case?
No. That is the last thing you should worry
about. The laws in Victoria make it almost impossible for anyone to win
a drink driving case by trying to show they were sober at the time of
driving. Not to worry though, there are many other ways to win a drink
driving case.
After I lodge an objection to a fine,
what happens next?
Within about 2 months, court papers will be
posted to the address you gave to the police. It can sometimes take up
to 12 months.
How long after I get the court papers
will the case be heard?
If you want to fight the case, it will not be
heard for about 5 to 10 months after you get the court papers. If you
want to plead guilty, it can be determined any time you wish.
Which court will the case be heard in?
The case will be heard in the Magistrates Court
closest to where you live, or closest to where the offence occured. It
is not possible to change courts if you are pleading not guilty.
When should I have a conference with
you to get the case started?
Generally, you should seek advice as soon as
you get the court papers or as soon as your licence is suspended. If
you are particularly desperate and want every possible thing checked no
matter what the cost, then you might also seek legal advice before you
lodge a notice of objection to an infringement notice.
What does it cost to fight a drink
driving case?
Roughly $3,500.00 (plus or minus $1,500)
depending on what is involved. If you don't take the case all the way
to a final hearing it can cost less.
What will happen to my licence if I am
found guilty?
Generally your licence is cancelled. It depends
on the severity of your offending. See the Penalties page.
I am happy to plead guilty. Do I need
a lawyer?
If
it is an ordinary booze bus offence you probably won't need a lawyer to
help you plead guilty, provided you had a licence and you have no more
than 1 prior drink driving offence. If you use a lawyer, you are far
less likely to be disappointed with the outcome or want to lodge an
appeal. Since you very likely have prior drink driving convictions if
you are asking this question, legal representation can help keep your
licence suspension period and fines low, and ensure you avoid any term
of imprisonment or community work order. I represent people who wish to
plead guilty or not guilty.
What do you charge to represent me on
a plea of guilty to a drink driving charge?
Legal costs if you plead guilty usually fall
between $800 and $1,100 depending on the severity of the case. Some
drink drivers also face other charges, such as driving whilst
suspended, careless driving or dangerous driving, and this can make the
case more complicated.
Is it difficult to get my licence back
at the end of the disqualification period?
Depends on the severity of your offending, but
you should assume it is going to be a large pain in the neck to get
relicenced. See the Relicencing page.
Will I need to have an Interlock if I
am relicenced?
Depends on the severity of your offending. See
the Interlock page.
I had 4 drinks at home after I
finished driving. Can I use this to reduce my reading?
Generally not. The court can not take into
account any evidence about what you drank after you finished driving
unless you have witnesses who can prove you were stone sober when you
were driving.
I think the breath test result came
from my mouth-wash. Is this a good defence?
No. It does not matter what caused the alcohol
to be in your breath.
My high reading was because I did not
eat any food all day. Will this help?
No. Your reading was high because you drank too
much alcohol. The state of your digestion or health or drug use has
nothing to do with the prosecution of the charge nor with any defence
(unless you are physically incapable of providing a sample of breath).
How do you win a drink driving case?
There are dozens of ways of winning traffic
cases. See the cases page for examples. The best
thing you can do is see an experienced defence lawyer. Any lawyer who
tells you that you can not win your case is merely confessing they have
no idea how to win a traffic case. Find a better lawyer.
I don't see I have any defence. Aren't
I wasting my time?
Unless you are an experienced criminal defence
lawyer (or perhaps a police prosecutor), you will not recognise a
defence even if it is staring you in the face. In any event, it is not
necessary have a defence to be acquitted of criminal charges - you are
innocent until proven guilty. It often depends on what the police say
in court. Read this case example and this one. See also the Legal Advice page. There are
regularly defendants who can not see a defence yet still contest their
case and win. They do not feel they have wasted their time. You need to
decide if you want to invest your time and money in taking the chance.
People who are prepared to risk their licence by driving after drinking
should have no trouble with the risk of taking the matter to court.
What should I say to the court in my
defence?
Preferably nothing at all. In most criminal
cases the defendant does not give evidence so you can stop wondering
what you might have to say in court.
I paid my drink driving fine and lost
my licence for 14 months. I am about to have a baby so I need my
licence back desperately. Can I ask the court to reduce the time of
disqualification?
No. If you do not object to the fine within 28
days your case is closed. If you pay the fine your case is closed. By
paying the fine you are admitting guilt. A mandatory minimum period can
never be reduced if you are guilty. No court can ever impose a sentence
that is less than the mandatory minimum sentence.
I have been waiting 3 months for the
police to send me a charge and summons. Should I call them and ask them
where my papers are?
No. Just wait. After 12 months seek legal
advice.
Can I apply for Legal Aid?
You
can apply but it is unlikely to be granted unless you are facing
imprisonment and satisfy their means test and other conditions (e.g.
intend to plead guilty).
Legal Aid does not often fund traffic law matters, especially defended
traffic law matters. Legal Aid does not have sufficient funding to pay
barristers to fight technical defences to drink driving cases. Legal
Aid in-house lawyers are not renowned for defending traffic cases. Some
people may have an insurance policy that covers them for some legal
expenses in traffic matters. RACV's Total Care cover pays up to $330.00
for legal expenses in traffic prosecutions.
The police have asked me to go to the
police station for an interview. What should I do?
Don't go, or undergo an interview, unless your
lawyer tells you to do so.
drink
driving legal advice for victorians Drink driving fines in victoria
Related Pages:
Breath Tests
Fines
Court Process
Relicencing applications
Interlock conditions
Immediate Licence
Suspensions
Drink Driving Online
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