Charged with Drink Driving in Victoria: What Happens Next?

What Is Drink Driving?

Drink driving offences in Victoria broadly involve driving (or, in some cases, being in charge of) a motor vehicle while affected by alcohol. The most common offences relate to driving with a blood or breath alcohol concentration (BAC) above the limit that applies to the particular driver.

The legal limit is not the same for everyone. Different rules apply to different categories of licence holders and to different circumstances. For example:

• Fully licensed drivers are generally subject to a prescribed BAC limit above zero.
• Learner and probationary drivers are required to maintain a zero BAC while driving.
• Drivers of heavy vehicles, public passenger vehicles and certain commercial vehicles may also be subject to a zero BAC requirement.
• Driving under the influence (DUI) offences can apply even where a precise BAC reading is not available, where the driver's ability to control the vehicle is impaired.

In addition, separate offences address refusing to undergo testing, drug driving and combined drug and alcohol offences. The category of offence charged affects both the way the matter is dealt with and the potential consequences.

What Happens After Being Charged?

Drink driving charges usually arise out of a roadside interaction with police, although they can also follow an investigation after an incident. The typical sequence of events includes:

• Roadside breath testing: a preliminary screening test conducted at the roadside. A positive result does not establish an offence on its own — it leads to further testing.
• Evidentiary breath testing: a more accurate test usually conducted at a police station or testing vehicle. The result of this test is the reading commonly relied on in court.
• Blood tests: in some circumstances — including where breath testing is not practical or following certain incidents — a blood sample may be required.
• Issue of notices and charges: the driver is typically given paperwork setting out the alleged offence. This may include an immediate licence suspension notice, a charge and summons or similar court documentation.
• Court attendance: drink driving charges are dealt with in the Magistrates' Court of Victoria. The first hearing date is set out in the charge documents.

The precise procedures, forms and timing requirements are set out in legislation and can change. Any paperwork received from police or the court should be read carefully and provided to a lawyer at the earliest opportunity.

Will I Lose My Licence?

For many people, the most pressing concern after being charged is what will happen to their driver's licence. The position depends on the category of offence, the BAC reading and the driver's history.

• Licence disqualification: the court may disqualify a driver from holding or obtaining a licence for a period. The minimum periods are set by legislation and depend on the offence.
• Licence suspension: in some cases an immediate suspension can apply from the date of charge, even before the matter reaches court.
• Alcohol interlock requirements: after a period of disqualification, drivers returning to the road are often required to drive only vehicles fitted with an alcohol interlock device for a specified period.
• Behaviour change and education programs: completion of an approved program is generally a prerequisite to relicensing following a drink driving offence.

The specific periods and conditions that apply change from time to time and depend on the precise charge and circumstances. Legal advice should be obtained before assuming what the outcome is likely to be.

Does a First Offence Matter?

A first offence is generally treated differently from repeat offending, but it is not treated lightly. The court takes a range of factors into account when dealing with any drink driving charge, including:

• Prior driving history: previous traffic and criminal history, particularly any earlier drink or drug driving matters.
• BAC reading: the level of the reading recorded. Higher readings attract more serious consequences and may fall within higher offence categories.
• Circumstances of the offence: including the location and time of driving, whether passengers were present and whether an accident or other incident occurred.
• Personal circumstances: including employment, family responsibilities, health and any matters that may have contributed to the offence.
• Evidence of rehabilitation: steps taken since being charged, such as counselling, voluntary completion of education programs or changes to the person's relationship with alcohol.

Repeat offending is approached more seriously by the courts, with longer disqualification periods and additional conditions commonly imposed. Even where a matter is a first offence, however, careful preparation is important.

Should I Plead Guilty?

The decision whether to plead guilty or not guilty is an important one and should not be made without proper advice. Every matter turns on its own facts and on the evidence available.

• Early legal advice: obtaining advice as soon as possible after being charged allows time to consider the evidence, the elements of the offence and any procedural issues.
• Reviewing the evidence: the prosecution material — including testing procedures, police narratives and any supporting statements — should be reviewed carefully before a plea is entered.
• Understanding available options: there may be procedural or evidentiary issues that affect the strength of the prosecution case, or practical options that affect how the matter is resolved.
• Preparing appropriately for court: whether the matter proceeds as a plea of guilty or as a contest, preparation is essential. Material such as references, evidence of rehabilitation and supporting documentation often plays an important role.

A lawyer can explain the realistic options available in light of the evidence and circumstances, without pressuring any particular outcome.

How Can a Lawyer Help?

Engaging a lawyer experienced in traffic and criminal matters can make a significant difference, both to the outcome and to the experience of going through the process. A lawyer will typically:

• Review the prosecution material: obtain and analyse the police brief, including testing records and supporting evidence.
• Advise on likely outcomes: explain the range of likely results based on the charge, the evidence and the driver's personal circumstances.
• Prepare court submissions: draft the material to be relied on at court, including written submissions where appropriate.
• Present mitigating circumstances: draw the court's attention to relevant personal circumstances, evidence of rehabilitation and the steps taken to address any underlying issues.
• Minimise disruption where possible: consider, within the framework of the law, how to reduce the impact of the proceedings on employment, family and other responsibilities.

Key Takeaways

A drink driving charge should be taken seriously. The process can be unfamiliar and the consequences can extend beyond the courtroom, but it is also a process that can be navigated with the right preparation and advice.

Obtaining legal advice early gives a person the best opportunity to understand the charge, consider the evidence and prepare appropriately for what comes next. It also provides a clearer picture of the realistic options and likely outcomes.

If you have been charged with a drink driving or other traffic offence in Victoria, contact Parke Lawyers for assistance.