Drink Driving Lawyer Melbourne

Drink driving is a serious offence that can result in significant penalties, including large fines, licence suspensions, and even imprisonment. Being charged with this type of offence can be stressful, and our lawyers are here to guide you through the process and make sure you understand what is going on.

When you choose William Archer Defence Lawyers for your case, you can expect customised attention, thorough legal advice, and a strong defence strategy perfect for your particular case. Most of our cases won’t require you to speak at court, and 90% of our cases will be over in a single day. For a fast and stress-free approach to your case, choose the experienced team at William Archer!

Being charged with drink-driving is incredibly stressful. The first thing you think about are the impacts on your work, family and livelihood. There is also the embarrassment that goes with it.  When you put all of that together, it makes for a very difficult set of circumstances.  Most people don’t know where to start or where to get answers.

There are mostly 10 different ways that you can be charged with drink-driving. They all depend on whether you gave a breath test, refused the breath test, had a blood test after an accident, had a small reading or a very large reading.  On top of that, different penalties apply for each type of offence and then those penalties go up for a second, third or subsequent offence. What that means is that there is a lot to navigate.

Driving Under the Influence (DUI)

People often refer to any drink drive as a DUI. That is because of the influence of interstate and overseas television shows. In Victoria, DUI only relates to the most serious drink-driving cases. The full definition contained in section 49(1)(a) of the Road Safety Act 1986, is driving under the influence of intoxicating liquor to such an extent as to be incapable of having proper control of a vehicle.  This has a two year loss of license for a first offence and four years for a second or subsequent offence.

In order to be charged with DUI, the reading must be at least 0.15 and is usually combined with observations from the police officers that the driver:

• Is unsteady on their feet
• Smells of intoxicating liquor
• Has blood shot or glazed eyes
• Has passed out
• Is slurring words or is unable to speak

It is a combination of the reading and the appearance of the driver that determines whether or not driving under the influence is the correct charge. This is one of the few rare offences were a jail term is possible for a first offence. Whilst it is unlikely, it is possible to go to jail for a period of three months for first offence, 12 months for a second offence or 18 months for any other subsequent offence.

We will negotiate with the police to try and have this charge withdrawn in order to save you months of cancellation. For example, if the police charge you with driving over the influence where your reading is 0.18, the cancellation period would be 48 months. If it was a regular drink drive, the cancellation period would be 36 months (see the table above). By successfully negotiating on the charges, we could save you a one year cancellation.  Keep in mind though that every case depends on the individual fact scenario.

Notice of Immediate Suspension

If you provide a breath or blood alcohol concentration of 0.10 or above, or any reading where you have a prior offence in the previous 10 years, the police have the power to issue you with a notice of immediate license suspension.  Where this notice is served, you must stop driving immediately even though you have not been found guilty of any offence at court.

Any period of time served as a result of the notice of immediate suspension will be deducted from the overall cancellation period once it is imposed by the court.

In circumstances where you may have a defence to the charge or alternatively, you have already served longer than the minimum cancellation period (based on the table above) it is possible to go to court to have the immediate suspension removed.  That requires a separate court appearance. You need to prove that there are exceptional circumstances that justify the removal of the immediate suspension.

Should I give a Breath Test?

Yes.  Always.  It is better to blow a high reading than to refuse.  If you refuse, you get the maximum penalty available which is a two year cancellation for a first offence, four years for a second offence plus a possible jail term.

Can I Avoid a Conviction?

In most cases, yes.  We often rely on the same reasons that we rely on when we argue in court why you should keep your licence. However, there are other factors contained in section 8 of the Sentencing Act that the court must take into consideration when working out whether or not to impose a conviction. They include the social and economic impact of imposing a conviction on you.

What if I am Convicted?

Firstly, we will do everything we can to avoid a conviction. However, in some cases where you have a previous record of convictions, the court will convict you of this offence. It is important to know, that this will not necessarily affect your employment, travel ( other than Canada) or visa applications.

Why Choose Us?

With over 20 years of experience representing thousands of clients in suspended and disqualified driving cases, our legal team offers expert advice and representation.
Attempting to handle the legal system alone can result in costly mistakes and harsher penalties.

Our approach ensures you have the best possible chance of a favourable outcome.

What to Do Next

Give us a call at 1800 351 114 and let’s get this sorted. Our team knows exactly how to handle your case, ensuring you get the best possible outcome. We’ve helped thousands of clients navigate their way through similar situations—now it’s your turn to let us help you too.