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Drink driving is not only about the reading. Police also have to prove when you were driving. If they did not see you behind the wheel, for example because they found you parked, at home or after a crash with no witnesses, the timing can decide the case.
The three-hour rule
Most drink driving cases include a charge that depends on the breath or blood test being taken within three hours after driving. If police cannot prove you drove within that window, that charge can fail.
Police usually prove the timing from what they saw, from witnesses or from what you told them. That last point matters, because what people say at the scene is often the main evidence of when they drove.
A result from one of our files: Werribee Magistrates’ Court
A truck driver was charged after police found his car in a paddock following a single-vehicle accident with no witnesses. His reading was 0.195. We required police to prove he had driven within the previous three hours. They could not, and the charge was withdrawn. Every case is different and past results do not guarantee an outcome. Read the case study.
What you could be facing
If you are found guilty, your licence must be cancelled for at least a minimum period that depends on your reading: six months for a first offence at 0.05 to under 0.10, ten months at 0.10, and longer from there. The maximum for a first offence is a fine of 20 penalty units, about $4,180, with no prison term.
Some first offences are dealt with by an infringement notice instead of court. You have 28 days to object and have it heard by a magistrate, and in a case where the timing is in doubt that choice deserves advice.
Blackburn and our Nunawading office
Blackburn (3130) is next door to Nunawading, and our office on Springvale Road is a few minutes away. Your case is heard at the Magistrates’ Court for the area where police charged you, which we confirm from your paperwork.
Common questions
Police found me in my parked car. Was I driving?
You can be charged for being in charge of a vehicle while over the limit, even if it was not moving. Whether you were in charge depends on the facts, such as where you were sitting, where the keys were and whether the engine was running.
Did I have to answer police questions?
You must give your name and address and do the breath test, but you do not have to answer other questions. Anything you said about when you drove can be used as evidence, so tell your lawyer exactly what was said.
Will I lose my licence straight away?
Only if police suspended it. They can do that on the spot for a full licence holder at 0.10 or more, a learner or probationary driver at 0.07 or more, a refusal or a repeat offence.
Your next steps
- Write down the timeline: when you last drove, when you drank and when police arrived.
- Note anything you said to police about driving.
- Get advice before you plead or pay an infringement, because the timing can change the answer.
99% of our work is traffic law and our fees are fixed, with no hidden costs. Read more on our drink driving page or in Is it worth fighting a drink driving charge?.
If you are worried about losing your licence or unsure what to expect at court, getting advice early can help you understand where you stand. Get a free case assessment.
We’re Here to Help
Visit us, call for a free consultation, or fill out the form to get in touch.
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Address7/197 Springvale Road, Nunawading
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AddressLevel 40, 140 William Street, Melbourne
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Telephone
Call us toll free on 1800 351 114 to speak with a lawyer.
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SMS
Text us at 0412 100 780 with your first name, case type, and preferred call time (e.g. ‘Joe, drink driving, after 5pm’). We’ll arrange a barrister to call you back.
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Email
Email your charge, summons, and contact details to info@williamarcher.com.au, along with your preferred call time.
Contact Us for Expert Advice
Our Expert Traffic Law Services
How it works
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Contact Us for a free Case Assessment
Call us or submit the form to discuss your case with a traffic law expert.
STEP 01 -
Get Tailored Legal Advice
We’ll review your case and provide clear, practical advice on your best legal options.
STEP 02 -
Strong Representation in Court (If Needed)
If required, we’ll prepare thoroughly and represent you to achieve the best possible outcome.
STEP 03 -
Get the Best Outcome
We'll fight hard to minimise penalties, protect your licence, get your charges dropped whenever possible, and avoid a conviction.
STEP 04
Real Results, Real Stories
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Failure to Provide a Name and Address – Melbourne Magistrates’ Court
The Court: Melbourne Magistrates’ Court The Date: June 2026 The Charges: Road Safety Act 1986 s.61(1)(c) – Failing to provide a name and address Possible penalties our client was facing: A fine of up to 5 penalty units ($1,045.50), or imprisonment of a maximum 14 days. The facts of the case: Our client was charged […]
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Careless Driving and Failure to Give Way – Melbourne Magistrates’ Court
The Court: Melbourne Magistrates’ Court The Date: June 2026 The Charges: Road Safety Act 1986 s.65 – Careless Driving Road Safety Road Rules 2017 r.75(1)(c) – Failure to give way to oncoming traffic when turning right. Possible penalties our client was facing: A fine of up to 12 penalty units ($2,442.12) or imprisonment for up […]
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Driving while suspended and driving an unregistered car – Melbourne Magistrates’ Court
Drive Suspended and Driving an Unregistered Vehicle – Melbourne Magistrates’ Court The Court: Melbourne Magistrates’ Court The Date: May 2026 The Charges: Road Safety Act 30 (1) – Drive Suspended Road Safety Act 7(1)(a) – Driving an Unregistered Vehicle Possible penalties our client was facing: Charge 1: Imprisonment of up to 2 years Fine of […]
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Multiple Charges (5)- 2026 – Portland Magistrates’ Court
Multiple Charges (5) drink drive, theft, careless drive and failing to wear a helmet The Court: Portland Magistrates’ Court The date : 2026 The Charges: Road Safety Act, Section 49(1)(b) – drive a motor vehicle while more than the prescribed concentration of alcohol was present in his blood (Alleged reading 0.233) Road Safety Act, Section […]
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Dangerous Driving, speeding – Broadmeadows’ Magistrates’ Court
Dangerous driving, speeding – 2026 – Broadmeadows’ Magistrates’ Court The Court: Broadmeadows Magistrates’ Court The Date: December 2025 The Charges: Road Safety Act 1986 (Vic) s 64(1) – Dangerous driving Road Safety Road Rules 2017 (Vic) s 20 (1) – Speeding Possible penalties our client was facing: Charge 1: Fine of up to $48,842.40 Up […]
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What Our Clients Are Saying
“Amalia from William Archer was really helpful and accommodating. She assisted me in every way she could do to enlighten me with my case. She is willing to help me more beyond expectation. Amalia is a gem!”
“They were great, The lawyer I had was straight forward, kind and clear and if you wasn’t sure about something they would explain it with better detail, I would recommend them”
“Happy to answer multiple Qs , didn’t rush me off the phone , happy to spend time and elaborate even though mine was a small case compared to most.
No sugar coating , very honest , no bs.
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"Dear Amalia, I hope this message finds you well. I wanted to take a moment to sincerely thank you for your invaluable advice and guidance regarding the infringement notice I received. Your insights were clear, practical, and provided me with much-needed reassurance during a stressful time. Your expertise and thoughtful... Read More
"This review is for Amalia Vicze - one of the best experiences Ive had when it has come to dealing with lawyers. Not only was she comforting, but brief, efficient and clearly great at her job. Despite the stress any individual may face when going to any lawyer, Amalia provided... Read More
"I had the pleasure of working with Luke, and I can't recommend him highly enough! Not only did he help me save my driver’s license, but he also made the entire experience much less stressful. Luke is incredibly down to earth and has a way of making you feel relaxed,... Read More
"What can I say, from Amalia to Luke, William ARCHER Lawyers were exceptional. Luke helped me every step of the way, explaining to me through every step and reassuring me as I was a nervy wreck with this being my first ever time in court. I was expecting a hefty... Read More
“I was fortunate to have Luke Simpson look after my case. Luke was a true professional to work with. Luke explained the process clearly, leading up to the case and also on the day. Great outcome, i highly recommend Luke’s services in this area.”
“Attorney Luke is very patient, polite, and able to provide the most professional legal advice and help in a timely manner. Many thanks to Luke and his team, highly recommended!”
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The Demerit Point Misconception: Can Going to Court Save Your Points?
One of the most common misconceptions among Victorian motorists is that electing to have a traffic infringement heard in court may allow them to avoid demerit points. Many drivers believe that a Magistrate has the discretion to impose a fine without recording demerit points, particularly where the offence is minor or the driver has an […]
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If you’ve been caught drink driving again, it can feel like the ground has dropped out from under you. Most people at this point aren’t asking about fines. They’re thinking: “It’s over.”“They won’t go easy on me this time.”“I’m going to jail.” That sense of hopelessness is common. And it’s understandable. But here’s the truth, based […]
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