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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. If medical cannabis has been prescribed by a doctor and it is being used in accordance with the prescription, it is still an offence to drive with it. Since 1st March 2025, however, you no longer need to lose your licence and the court has a discretion to either take it or not.
We answer some of the most common questions below. Of course, if your question is not listed or you want more information, please do not hesitate to call us on 1800 351 114 for further 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).
We’re Here to Help
Visit us, call for a free consultation, or fill out the form to get in touch.
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Address5/197 Springvale Road, Nunawading -
AddressLevel 40, 140 William Street, Melbourne
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Telephone
Call us toll free on 1800 351 114 to speak with a lawyer.
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SMS
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
Email your charge, summons, and contact details to info@williamarcher.com.au, along with your preferred call time.
Contact Us for Expert Advice
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, except for medicinal cannabis, if you have a prescription.
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.
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!
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:
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.
With over 98% 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.
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.
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.
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.
How it works
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Contact Us for a free Case Assessment
Call us or submit the form to discuss your case with a traffic law expert.
STEP 01 -
Get Tailored Legal Advice
We’ll review your case and provide clear, practical advice on your best legal options.
STEP 02 -
Strong Representation in Court (If Needed)
If required, we’ll prepare thoroughly and represent you to achieve the best possible outcome.
STEP 03 -
Get the Best Outcome
We'll fight hard to minimise penalties, protect your licence, get your charges dropped whenever possible, and avoid a conviction.
STEP 04
What Our Clients Are Saying
“Amalia from William Archer was really helpful and accommodating. She assisted me in every way she could do to enlighten me with my case. She is willing to help me more beyond expectation. Amalia is a gem!”
“They were great, The lawyer I had was straight forward, kind and clear and if you wasn’t sure about something they would explain it with better detail, I would recommend them”
“Happy to answer multiple Qs , didn’t rush me off the phone , happy to spend time and elaborate even though mine was a small case compared to most.
No sugar coating , very honest , no bs.
Thankyou to Ameia !
Kind regards
Brok…..”
"Dear Amalia, I hope this message finds you well. I wanted to take a moment to sincerely thank you for your invaluable advice and guidance regarding the infringement notice I received. Your insights were clear, practical, and provided me with much-needed reassurance during a stressful time. Your expertise and thoughtful... Read More
"This review is for Amalia Vicze - one of the best experiences Ive had when it has come to dealing with lawyers. Not only was she comforting, but brief, efficient and clearly great at her job. Despite the stress any individual may face when going to any lawyer, Amalia provided... Read More
"I had the pleasure of working with Luke, and I can't recommend him highly enough! Not only did he help me save my driver’s license, but he also made the entire experience much less stressful. Luke is incredibly down to earth and has a way of making you feel relaxed,... Read More
"What can I say, from Amalia to Luke, William ARCHER Lawyers were exceptional. Luke helped me every step of the way, explaining to me through every step and reassuring me as I was a nervy wreck with this being my first ever time in court. I was expecting a hefty... Read More
“I was fortunate to have Luke Simpson look after my case. Luke was a true professional to work with. Luke explained the process clearly, leading up to the case and also on the day. Great outcome, i highly recommend Luke’s services in this area.”
“Attorney Luke is very patient, polite, and able to provide the most professional legal advice and help in a timely manner. Many thanks to Luke and his team, highly recommended!”
“They gave me some valuable information free of cost and told me other lawyers would probably take you to court and lose and even charge you money that bit of information was given to me of cost”
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 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.
Contact William Archer Defence: The Specialist 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.
