Drink Driving Lawyer Blackburn
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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 They could not, and the charge was withdrawn.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.

Drink Driving Lawyer Blackburn
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    7/197 Springvale Road, Nunawading
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    Level 40, 140 William Street, Melbourne
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    Call us toll free on 1800 351 114 to speak with a lawyer.

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    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 your charge, summons, and contact details to info@williamarcher.com.au, along with your preferred call time.

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