Drink Driving Lawyer Sandringham
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Seeing a booze bus ahead and stopping short, turning off or walking away is a very human reaction. It rarely helps. Police can require a breath test from anyone they find driving, so if they saw you drive, stopping short of the testing site usually just moves the test, and it can make the rest of the case harder.

Why avoiding the test usually backfires

Police at a booze bus are watching the approach. If they see you stop, they will usually come to you. Failing to stop when signalled at a testing site is an offence of its own. What you say in those first minutes, such as admitting you were the driver, often becomes the main evidence in the case. Hiding or running can also add charges and makes it harder to present you well to a magistrate.

If you have already been charged, none of that decides the outcome on its own. Your reading, your history and what you do from here still matter most.

A recent result: Melbourne Magistrates’ Court

Our client stopped about 50 metres short of a booze bus, in a no stopping zone, and hid in nearby bushes before police found them. They admitted being the driver and returned a reading of 0.177. With two previous drink driving offences, they were facing up to 18 months in prison and a minimum disqualification of 34 months. They had been going through a period of serious psychological distress and had since started treatment. The court fined them $1,000 and cancelled their licence for three years, with no imprisonment. 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 that depends on your reading and whether you have an earlier offence in the last ten years. For a first offence that is six months at 0.05 to under 0.10, ten months at 0.10, and a month more for each 0.01 after that. There are no work licences for drink driving in Victoria.

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. For drivers from Sandringham (3191) and elsewhere in the City of Bayside, we can meet you at our Melbourne CBD office or start with a phone call.

Questions people ask

Is it an offence to avoid a booze bus?

Not in itself, but it rarely works. If police saw you driving they can still require a test, refusing that test is a serious offence, and failing to stop when signalled at the site is an offence too.

I told police I was driving. Can I take that back?

Not easily. Admissions are usually admissible. Tell your lawyer exactly what you said and when, because the wording and timing can matter.

Will I go to jail?

Not for a first offence of being over the limit, which carries no prison term. For repeat offences jail is possible but not automatic, as the result above shows.

What to do now

  • Write down what happened from the moment you saw the booze bus.
  • Do not drive if police suspended your licence.
  • If alcohol or stress played a part, start getting help now. Courts take real steps seriously.

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 What happens if I refuse a breath test?.

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 Sandringham
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