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Drink Driving Lawyer Melbourne

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A drink driving charge can have serious consequences for your licence, livelihood, and future. Penalties in Victoria range from immediate licence loss and significant fines to mandatory programs, alcohol interlock conditions, and even imprisonment.

At Slades & Parsons, our lawyers have decades of experience defending drink driving charges. We provide clear, strategic advice from the moment police stop you through to court hearings and appeals. Early legal advice can make all the difference to the outcome of your case. Call us today to speak with an experienced DUI lawyer.

Understanding Drink Driving Laws in Victoria

In Victoria, the legal blood alcohol concentration (BAC) limit for fully licensed drivers is 0.05. For probationary and learner drivers, the limit is zero BAC.

If your BAC is 0.15 or higher, police cannot issue a traffic infringement notice; you will be formally charged and required to attend the Magistrates’ Court. For readings below this level, you may receive an infringement notice, which you can object to within 28 days. If you object, the police may lay formal charges, and if you are found guilty, the court may impose higher penalties than those outlined in the infringement notice.

When charged, police must serve a charge sheet and summons within 12 months of the alleged offence, usually by mail.

Penalties for Drink Driving Offences

The penalties for drink driving are determined by your BAC reading, licence type, and prior history. They can include both mandatory minimum disqualification periods and additional court-ordered sentences.

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    Mandatory minimum licence loss
    Additional sentences
    Mandatory minimum licence loss

    In Victoria, the law sets out mandatory minimum disqualification periods for drink driving offences based on your BAC and licence type. Courts cannot impose a shorter period, and in some cases, the penalty may be longer depending on the circumstances of your case.

    Blood Alcohol Reading (BAC) Mandatory Minimum Disqualification Period
    Less than 0.05 At least 3 months for probationary or learner drivers, and for full licence holders with a zero BAC condition.
    0.05 – < 0.07 3 months for some full licence holders aged 26+ with no zero BAC condition (infringement only).

    At least 6 months for probationary/learner drivers, full licence holders under 26, or those sentenced by a court.
    0.07 – < 0.10 At least 6 months
    0.10 – < 0.15 At least 10 – 14 months, increasing with BAC reading
    0.15 – < 0.20 At least 15 – 19 months, increasing with BAC reading
    0.20 or more At least 20 – 24 months, increasing with BAC reading

    Note: These are statutory minimums. Higher penalties may apply for repeat offences, high BAC readings, or where other aggravating factors are present.

    Additional sentences

    In addition to licence disqualification, the court may impose other penalties, including:

    • Significant fines proportional to the seriousness of the offence. 
    • Community Corrections Orders (CCOs) with conditions such as unpaid community work or treatment programs. 
    • Terms of imprisonment for the most serious or repeat offences.

    You may also be required to:

    • Complete a Behaviour Change Program before your licence can be reinstated. 
    • Drive under a zero BAC condition for at least three years after regaining your licence. 
    • Install and maintain an alcohol interlock device at your own expense.

    Given the severe and often complex nature of these penalties, obtaining expert legal advice at the earliest stage is the best way to protect your rights and minimise the impact on your life.

    Immediate Licence Suspension

    Police may issue a notice of immediate suspension if your BAC is:

    • 0.10 or more for full licence holders.
    • 0.07 or more for probationary or learner drivers.

    This can be done within 12 months of the alleged offence or after charges are filed but before they are heard in court.

    You may appeal a suspension to the Magistrates’ Court, but you must provide at least 14 days’ notice, and the court can only overturn the suspension if exceptional circumstances exist, a high legal threshold that requires something genuinely out of the ordinary.

    Court Process and Appeals

    If you wish to challenge your drink driving charge or the sentence imposed, you can appeal to the County Court within 28 days. Appeals can be against:

    • Sentence only.
    • Conviction and sentence.

    In some cases, you can appeal to the Supreme Court on points of law or if sentenced by the Chief Magistrate.

    When filing an appeal, you may apply to suspend the cancellation of your licence until the appeal is heard, but approval is at the discretion of the court. Strict deadlines apply, and it’s important to get legal advice before proceeding.

    How Slades & Parsons Can Help

    Our Melbourne drink driving lawyers can:

    • Advise you on your legal options from the start. 
    • Represent you in court for first-time or repeat offences. 
    • Negotiate with the prosecution to minimise penalties. 
    • Assist with appealing convictions or sentences. 
    • Guide you through the licence reinstatement requirements.

    We draw on decades of experience to ensure your defence is meticulously prepared, strategically managed, and powerfully presented. Our lawyers work closely with you to protect your rights and achieve the best possible outcome in your circumstances.

    Contact Our Melbourne Drink Driving Defence Team

    If you have been charged with drink driving or DUI, act quickly. The sooner you get advice, the more options you may have.

    Call us on 03 9602 3000 or contact us online to arrange a confidential consultation with one of our experienced criminal defence lawyers.

    Slades & Parsons are available to take your call 24 hours a day.

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