Drink Driving VIC

Drink Driving in Victoria is a serious offense. Professional drivers, learners and those driving p-plate vehicles, trucks and taxis are required to have zero blood alcohol content while in public or private roads. Other drivers must maintain 0.05 or below blood alcohol content. The .05 blood alcohol concentration also applies to driver-trainer of a vehicle supervising a learner.

The law that governs drink driving in Victoria is the Road Safety Act 1986, specifically in Part 5 which pertains to offences involving alcohol and other drugs. Under section 53 of this Act, police officers may at any time require a person he or she finds driving a motor vehicle or in charge of the motor vehicle to undergo a preliminary breath test. Said police officer may also subject to preliminary breath test any person he or she believes on reasonable grounds was, within the last three hours, driven or in charge of a motor vehicle involved in an accident. 

It is an offense to refuse to be subjected to a breath analysis test or give blood sample, or stop at a booze bus or random breath test station.

Drink driving laws in Victoria is now tougher due to the increasing death and injuries caused by alcohol related incidents. Drink driving was found to be the biggest killers in Victoria’s roads. It is difficult for motorists who were arrested for drink driving offence to retain their driver license or plead guilty to the offense to save their license. Immediate suspension of the driver license is imposed on the spot if the arrested person manifests a BAC of 0.15 or higher. Penalties for drink driving offences include disqualification, fines and imprisonment.

For first time offenders, police officers issue a traffic infringement notice if they exhibit blood alcohol concentration of below 0.15%. Other offender will receive charge and summon to appear in court for the haring of the charge against him. If the offender’s driver’s license was cancelled, he or she may apply to the court to be relicensed. However, an interlock condition may be imposed on the license.

Our drink driving lawyers will advise you of the potential penalties and provide you with no obligation all inclusive fixed fee quote. Their services can, help you to minimise the legal charges against you and they will represent your case in court . Our Drink Driving Lawyers can also advise you of your chances in obtaining a Section 10 of the Crimes Act of Crimes Act non conviction order. A section 10 is an order of the Court that may be made if your lawyer is able to persuade the courts not to record a conviction, not to fine you and to allow you to keep your drivers licence.

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