Drink Driving Lawyer Melbourne

Penalties are determined by your BAC reading, licence type, and prior history, and include both mandatory minimum disqualification periods and additional court-ordered sentences. Courts cannot impose a shorter disqualification than the statutory minimum, and in some cases the period may be longer depending on the circumstances.

For full licence holders aged 26 or over with no zero BAC condition, a reading of .05 – .069 may attract 3 months disqualification by infringement. Most other licence holders at this range face at least 6 months. From .07 upwards, the mandatory minimum is at least 6 months, rising progressively to at least 24 months for a reading of .24 or above.

Beyond licence loss, the court may also impose significant fines, Community Corrections Orders with conditions such as unpaid community work or treatment programs, and 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, and install and maintain an alcohol interlock device at your own expense.

Police may issue a notice of immediate suspension if your BAC is 0.10 or more as a full licence holder, or 0.07 or more as a probationary or learner driver. This suspension can be issued 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. The court can only overturn the suspension where exceptional circumstances exist – a high legal threshold that requires something genuinely out of the ordinary.

If charged, police must serve a charge sheet and summons within 12 months of the alleged offence, usually by mail. If you receive an infringement notice and object within 28 days, police may then lay formal charges, and if you are found guilty, the court may impose higher penalties than those originally outlined in the notice. Understanding exactly what you are facing requires legal advice at the earliest opportunity.

If you wish to challenge your drink driving charge or the sentence imposed, you can appeal to the County Court within 28 days of sentencing. An appeal can be against sentence only, or against both conviction and sentence. In cases involving a question of law, or where you were sentenced by the Chief Magistrate, an appeal to the Supreme Court may also be available.

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 that made the order. Strict deadlines apply and missing the 28-day window requires you to seek leave from the County Court and demonstrate exceptional circumstances.

Given the severe and often complex nature of drink driving penalties, obtaining expert legal advice at the earliest stage is the best way to protect your rights and minimise the impact on your life. Our lawyers work closely with you to ensure your matter is meticulously prepared and powerfully presented.

Our Melbourne drink driving lawyers advise you on your legal options from the outset, represent you in court for first-time and repeat offences, negotiate with the prosecution to minimise penalties, assist with appealing convictions or sentences, and guide you through the licence reinstatement requirements including Behaviour Change Programs, interlock conditions, and zero BAC obligations.

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.

If you have been charged with drink driving, act quickly – the sooner you get advice, the more options you may have. Slades & Parsons are available to take your call 24 hours a day. Contact us on (03) 9602 3000 for a confidential consultation with an experienced drink driving defence lawyer.