If you have an earlier drink driving offence, the first question is when it was. Under section 50AA of the Road Safety Act, an offence from ten years or more before the new one is disregarded when deciding whether the repeat-offence minimums apply. The magistrate still sees your whole history, though, and can take it into account in the rest of the sentence.

How earlier offences are treated

If your earlier offence was within the last ten years, the new charge is a repeat offence. The minimum licence loss starts at 12 months, rising with the reading to 20 months at 0.10 and up to 48 months at 0.24 or more. Once you are relicensed you need an interlock for at least 12 months for a second offence under 0.15, and at least four years in other repeat cases.

If the earlier offence was ten years or more before the new one, the first-offence minimums apply instead: six months for a reading of 0.05 to under 0.10, ten months at 0.10, and a month more for each 0.01 after that. For the licence loss rules, the ten years is counted back from the date of the new offence.

Either way, an older offence is still part of your record. It does not lock in the repeat minimums, but it can affect the fine, whether a conviction is recorded and how the magistrate sees the risk.

Why reports from doctors and counsellors help

Where alcohol has been a problem, reports from a GP, psychologist or counsellor can show the court what has changed. They carry most weight when they come from someone who has actually treated you, describe what you have done, and are ready before your plea.

• Treatment or counselling you have started, with dates.
• A report from your GP or psychologist.
• References from an employer or others who know you well.
• How long it has been since your last offence, and what has changed since.

A recent outcome: Melbourne Magistrates’ Court

A client facing his third drink driving charge, with a reading of 0.186, had two earlier offences from 2002 and 2004. Because those offences were more than ten years before the new one, the first-offence minimum applied: 18 months at his reading, rather than 36 months for a repeat offence. We arranged reports from his doctors and a psychologist. The court fined him $750 and cancelled his licence for that minimum period. Every case is different and past results do not guarantee an outcome. Read the case study.

Where your matter is listed

Your case is heard at the Magistrates’ Court for the area where police charged you, which we confirm from your paperwork. Burwood (3125) is in the City of Whitehorse, close to our Nunawading office on Springvale Road, and we also have an office in the Melbourne CBD.

What people ask us

Will the court know about my old offence?

Yes. Your full history goes before the magistrate, including offences more than ten years old. Those older offences do not trigger the repeat-offence minimums, but it is better to deal with them openly in your plea than leave them for the prosecutor to raise.

Can police suspend my licence before court?

Yes, if you have been found guilty of a drink or drug driving offence in the last ten years, police can suspend your licence on the spot for any reading over your limit. You must not drive until the suspension ends or is lifted.

Could I go to jail?

Prison is possible for a repeat offence within ten years, particularly with a high reading or several earlier offences. It is not automatic, and preparation makes a real difference.

Your next steps

• Check the dates of your earlier offences. Whether they were ten years or more before this one changes the minimums.
• Book in with your GP or a counsellor now, so there is something to show the court.
• Get advice early. Reports take time to prepare.

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 Repeat drink driving offence: is there any hope in court?.

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.