Drink Driving Lawyer Boronia
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Many drink driving charges happen the next morning. People sleep, feel fine and drive to work, but alcohol from the night before can still be in their system. The law looks at what is in your breath or blood when you drive, not when you had your last drink.

Why the morning after catches people out

Your body clears alcohol slowly, and sleep does not speed it up. After a big night it is common to still be over the limit hours later. For drivers on a zero limit, such as L and P platers or anyone disqualified, even a small amount left over is an offence.

What can happen to your car

Police can impound a car on the spot for some drink driving offences, including readings of 0.10 or more and some repeat offences. An initial impoundment is usually 30 days, and the towing and storage costs are generally paid by the owner.

A recent result: Melbourne Magistrates’ Court

Police stopped our client on Dandenong Road and found his licence was disqualified. He told them he had had six beers and two rums the night before. His reading was 0.022, over the zero limit that applied while disqualified. His car was impounded for 30 days, and because it was his second drink driving offence the minimum licence loss was 12 months. The court fined him $1,300 for all charges with the 12 month minimum, and he lost no further licence time for driving while disqualified. Every case is different and past results do not guarantee an outcome. Read the case study.

Where your case is heard

Your case is heard at the Magistrates’ Court for the area where police charged you, which we confirm from your paperwork. Boronia (3155) is in the City of Knox, close to our Nunawading office on Springvale Road.

Common questions

Is it a defence that I drank the night before?

No. What matters is your reading when you drove. It can still help explain the circumstances to the court.

Can I get my car back early?

Sometimes. An impoundment can be challenged in the Magistrates’ Court in limited situations, such as exceptional hardship. See our page on vehicle impoundment.

How long will I lose my licence?

For a first offence, six months at 0.05 to under 0.10, or three months under 0.05 if you are on a zero limit. For a second offence within ten years it starts at 12 months.

Your next steps

  • If your car was impounded, note the date and keep the paperwork.
  • Write down when you drank and how much, as accurately as you can.
  • Get advice before court, particularly if there is more than one charge.

99% of our work is traffic law and our fees are fixed, with no hidden costs. Read more in Vehicle impoundment in Victoria: know your rights or on our drink driving page.

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 Boronia
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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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