Drink/Drug Driving

Drink/Drug Driving Laws

Drink and drug driving are offences under the Road Safety Act 1986. Depending on the type of licence you have, there are different amounts of alcohol you can have in your body. If you have a full licence you must have less than .05 in your system. If you are a P-Plater or if you are driving a heavy vehicle you must not have any alcohol in your system at all.

There is no amount of drugs that you are permitted to have in your system, unless it has been prescribed by a doctor and it is being used in accordance with the prescription.

We answer some of the most common questions below. Of course, if your question is not listed or you want some more information, please do not hesitate to call us on 1800 351 114 for some free advice.

Can I go to Jail?

It is very rare to go to jail for drink driving. If it is your first offence, you cannot go to jail. If you have already been caught for drink driving, you could receive a jail sentence although most people do not.

The more times you have been charged (three, four, five…) the more likely it is that you will get a jail sentence. In our experience if your case is properly prepared and there are no other aggravating circumstances (such as an accident or erratic driving) you give yourself the best chance of avoiding a jail term.

In some cases, you can go to jail for drug driving, although this is uncommon.

We will manage your case and get you the counselling and assistance the Court would be expecting. We can arrange alcohol counselling, driver awareness courses, character references and medical reports. We will arrange these things for you if we think you need them. It depends on who you are, your history with alcohol and how you were caught (routine booze bus detection, call to police because of erratic driving or an accident).

Do I have to lose my licence?

Yes. The law changed in April 2018 to make it mandatory for a loss of licence in all drink driving cases where you exceed 0.05.

It is also mandatory for drug driving offences.

How long will I lose my licence for?

A reading between 0.05 and 0.069 will result in a 3 month loss of licence. Any reading between 0.07 and 0.099 will result in a licence loss for a minimum period of six months. For readings of .10 you get 10 months, for .11 you get eleven months, .12 you get 12 months and so on up to 24 months. For a second or subsequent offence those minimum periods double.

For drug driving, it is a 6 month suspension for a first offence, and 12 months for a second offence.

It is important to note that these are minimum periods only - the Court can impose any period of cancellation it likes. It often does this where you have received other driving charges at the same time, were involved in an accident or have a poor driving history.

Ken - Google Review - 5 Star Review

“Luke Simpson is knowledgeable, understanding and truly cares about his clients. If you're looking for a barrister who specialises in drink-driving and licence suspensions, then look no further than Luke from William Archer Defence Lawyers.”

Sonja W - Google Review - 5 Star Review

“Positive: Professionalism, Quality, Responsiveness, Value

“I called William Archer today with a question for legal advice related to a driving offence and left my contact details. As recommended I called the barrister Luke directly later this evening and left a message which resulted in him calling me back within the hour. I received very encouraging and specific answers to my questions and a friendly and professional service. Feel about 100 times better than I did this afternoon and will contact Williams Archer again should I need a lawyer in the future (fingers crossed this won’t be the case though). Thanks again and I would definitely recommend.”

Case Study - Frankston Magistrates’ Court -

A lady had a bad driving and criminal history, but had not been in trouble for 7 years. She was caught drink driving at 0.12. She had two prior offences for drug driving. At court, she received a $600 fine and a two year licence cancellation which was the minimum time because of her prior offences. No jail.

For more

Check out our Case Studies page

Drug Driving Lawyer Melbourne

Have you been charged with drug driving in Victoria? Receive the help of a seasoned lawyer in drug driving for your case. At William Archer Defence Lawyers, we defend clients facing drink and drug driving charges. Our in-house team of lawyers have a great understanding of the complexities surrounding driving laws in Victoria, and can answer any questions you may have about the process.

If you or someone you know has been charged with drug driving in Melbourne, don't hesitate to contact William Archer Defence Lawyers. Our experienced team is here to provide you with legal support and representation you can rely on. Contact us via text, email or with a phone call now!

Do You Need Assistance from a Drink Driving Lawyer in Melbourne? We Can Help

Drug 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!

Charged with Drug Driving? Our Lawyers in Melbourne Can Plan Your Defence

Our professional drug driving lawyers in Melbourne have extensive experience in defending clients charged with these types of offences. We stay up-to-date with the latest developments in drug driving laws and have a proven track record of successfully representing clients in court. Our expertise allows us to identify the most effective defence strategies for your case, whether it involves challenging the validity of the drug test, questioning the arresting officer's procedures, or presenting mitigating factors to reduce the severity of the charges.

No matter the police charges, we can assist you! We’ve done thousands of cases and seen it all, and can work with you to get the lowest possible penalty in court. If you are going to court, make sure to contact us straight away so we can advise you on the next steps. Never speak to a police officer for more than to offer your name and address without a lawyer present!

If You’re Going to Court for the First Time, We Can Assist You

If this is your first time going to court, don’t stress. Around 50% of our clients have never been to court before, but that doesn’t stop us from making sure every case we take on is explained fully.

The first thing to do is stop talking about the incident and your case to anyone but us, even the police. Once your Charge & Summons has arrived, we will:

Go over the documents to gain a clear understanding of your case.
Answer any questions you may have. We have seen many cases like yours, and have experience in relaying information in an easy-to-understand way.
Outline the likely results and how the process in court will work.
Discuss our approach to your case and how it will look.
Present our fixed fee for engaging us as your lawyer.

We will do all this without opening a file and presenting you with a tax invoice. You don’t need to be nervous–your first time in court doesn’t need to be life-changing, and our team will work hard to make sure you receive a fair and positive result.

Why Choose Us as Your Lawyer for Drug Driving Offences in Melbourne?

At William Archer Defence Lawyers, we are dedicated to providing our clients with the highest level of legal representation and support. Here are some reasons why you should choose us as your lawyer in Melbourne for any drug driving charges:

Proven Track Record of Successful Outcomes: Our lawyers have a history of achieving positive results for our clients, whether through negotiations with the prosecution or strong advocacy in court. If there is a chance for a good defence for your case, we’ll find it. If not, we won’t waste your money or your time.
Expertise in Traffic Law and Criminal Defence: With over 99% of our practice focused on traffic law, we have developed a deep understanding of the intricacies involved in drug driving cases. Our lawyers are well-versed in the latest legal developments and can navigate the complexities of your case with skill.
Minimisation of Penalties and Licence Suspensions: We understand the importance of maintaining your driving privileges and minimising the impact of drug driving charges on your life. Our lawyers will endeavour to reduce the penalties you face and know what to say in the courts to help you keep your licence.
Strong Court Representation and Negotiation Skills: Our drug driving lawyers are experienced advocates who can effectively represent your interests in court. We have strong negotiation skills and can engage in discussions with the prosecution to seek a reduction in charges or a favourable plea bargain when possible.
Support Throughout the Legal Process: We provide our clients with support and guidance throughout the entire legal process. We can explain your case, including what has happened and what will happen, in clear and easy-to-understand terms.

At William Archer Defence Lawyers, we are committed to delivering exceptional legal services with fixed fees and no hidden costs. We prioritise protecting your driving rights and reputation while working towards a fair resolution of your drug driving case.

Contact William Archer Defence: The Drug Driving Lawyers Representing Melbourne

We offer a free initial consultation, during which we will listen to your story, assess the specifics of your case, and provide you with honest and straightforward advice on your legal options. Our lawyers will take the time to answer any questions you may have and help you understand the legal process ahead.

To schedule your free consultation, simply call us on 1800 351 114 or visit our website to fill out our online contact form. We are available seven days a week to assist you with your drug driving case in Melbourne.

Remember, when facing drug driving charges, time is of the essence. The sooner you seek legal representation, the better positioned you will be to protect your rights, minimise the consequences, and achieve a favourable outcome.

CALL 1800 351 114 for your free Case Assessment

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