Drink Driving Lawyer Nunawading
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If you were in a crash and police now say you were over the limit, the case often turns on the blood test: when it was taken, how it was taken and whether it can be used at all. For most people around Nunawading the bigger worry is the licence and getting to work, so it helps to understand both.

How a blood test case is different

After a crash you may not be breath tested at the scene. Drivers who end up at hospital are often blood tested there instead, sometimes hours later. The prosecution then has to connect that sample to your driving, and the rules about how and when a sample is taken are strict.

That is why blood test cases are worth checking closely before you decide how to plead. In some cases the result cannot be used.

A result from one of our files: Ringwood Magistrates’ Court

A tradesman had a single-vehicle crash, left the scene on foot and was blood tested at hospital later that night. He was facing a 12 month licence cancellation. We had the blood test excluded and the drink driving charge was withdrawn on the first day of court. 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, the court must cancel your licence for at least a minimum period, even if no conviction is recorded. For a first offence that is 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. Victoria has no work licences for drink driving.

A crash can bring other charges, such as careless driving, and those are dealt with alongside the drink driving charge.

Close to home

Our Nunawading office is on Springvale Road, in the City of Whitehorse (3131). Your case is heard at the Magistrates’ Court for the area where police charged you, which we confirm from your paperwork, and we appear at every Magistrates’ Court in Victoria.

Common questions

I left the scene before police arrived. Does that matter?

It can affect what police are able to prove about when you drove and when you were tested. Leaving the scene of a crash can also be a separate offence, so talk to a lawyer before you speak to police again.

Can I refuse a blood test at hospital?

Refusing is an offence in itself and is treated seriously, so it rarely helps. See refusing a breath test for how refusal charges work.

Can police suspend my licence straight away?

Yes, in some situations: a full licence holder with a reading of 0.10 or more, a learner or probationary driver at 0.07 or more, a refusal or a repeat offence. If that has happened, do not drive until the suspension ends or is lifted.

Your next steps

  • Write down what you remember about the crash, the hospital and the timing while it is fresh.
  • Keep the charge sheet and any hospital or police paperwork.
  • Get advice before you plead. In a blood test case the details often decide the outcome.

99% of our work is traffic law and our fees are fixed, with no hidden costs. You can see us at our Nunawading or Melbourne CBD office, or start with a phone call. 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 Nunawading
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    7/197 Springvale Road, Nunawading
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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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