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Victorian Drink driving FAQ by an expert Melbourne Drink driving defence lawyer.

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.

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Related Pages:

Breath Tests
Fines
Court Process
Relicencing applications
Interlock conditions
Immediate Licence Suspensions

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