Drink Driving | Melbourne Magistrates’ Court | May 2026

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The Court: Melbourne Magistrates’ Court
The Date: May 2026

The Charges

1. Road Safety Act 49(1)(b) – drives motor vehicle while more than prescribed concentration of alcohol is present in breath

2. Road Safety Act 49(1)(f) – exceeding prescribed concentration of alcohol within 3 hours of driving

3. Road Safety Road Rules 167 – driver must not stop in which no stopping sign applies

Charge 1:

· A fine of up to $36,631.80

· Imprisonment for up to 18 months

· A minimum licence disqualification of 34 months

Charge 2:

· A fine of up to $36,631.80

· Imprisonment for up to 18 months

· A minimum licence disqualification of 34 months

Charge 3:

· A fine of up to $610.53

Our client was driving when they approached a Preliminary Testing Station (Booze Bus). Police observed our client stop their vehicle approximately 50 metres from the Booze Bus site, contrary to a “No Stopping” sign.

The client then exited the vehicle and concealed themselves in nearby bushes before being located and arrested by police. Upon arrest, our client made full admissions to being the driver and the sole occupant of the vehicle.

Having observed our client driving, police required the client to undergo a preliminary breath test, which indicated the presence of alcohol. The client was then directed to accompany police to a testing vehicle for an evidentiary breath test.

The evidentiary breath analysis returned a breath alcohol concentration reading of 0.177.

In court, our client was fined $1,000 and had their licence cancelled for a period of 3 years without imprisonment.

Given our client’s prior history, including two previous drink driving offences, the outcome was regarded as favourable.

At the time of the offending, the client was experiencing a period of significant psychological distress and has since engaged in treatment and support services. The client is also a business owner, and submissions in mitigation were made on their behalf addressing their personal circumstances and prospects moving forward.