Drink & Drug Driving

Offences related to drink driving and drug driving are contained within section 49 (1) of the Road Safety Act 1986. It is a very technical area of the law. The most common offences charged under Section 49 (1) relate to:

• Drink driving
• Drug driving
• Driving under the Influence of alcohol or drugs
• Refusing to undergo a preliminary breath test
• Refusing an oral fluid test

It is important to get advice as to whether or not you have a potential defence to your charges. If you are found guilty or plead guilty to any of the above offences, the penalties vary considerably depending on the specific offences before the Court. Section 49 (1) offences are characterised by mandatory minimum suspension/disqualification periods upon a finding of guilt. The minimum licence loss will depend on whether an individual has offended against section 49(1) in the past 10 years. The provisions about licence cancellation and disqualification are found in Section 50 of the Road Safety Act. A table for the minimum disqualification periods for drink driving offences can be found in Schedule 1 of the Road Safety Act 1986. (See below).

Jail sentences and Community Corrections Orders are also sentencing options available to the Court for certain offending under section 49 (1) of the Road Safety Act. Section 49(2) of the Road Safety Act sets out the maximum fines and prison terms available to the Court for the offending outlined under section 49(1). These can be complex and confusing. I’m very happy to discuss any queries that you have about likely Court outcomes.

While licence loss is often unavoidable for section 49(1) offences, it is important to prepare your case properly so as to minimise the potential impact on you and your livelihood. It is important to get advice early in order to maximise your chances of a positive outcome.

In my experience, there are many reasons why people find themselves charged with drink and drug driving offences. For some, it’s the result of an uncharacteristically bad decision. For others, challenging personal circumstances such as mental-health struggles and addiction are also common factors. Whatever the reason that you find yourself charged with an offence, it’s very important to get advice from a practitioner that understands the complexities of both the process and the law.

I will listen to your story, analyse the facts and provide advice on the law. If necessary, I will also make suggestions about appropriate individuals and agencies that will assist with the preparation of reports for your court hearing.

http://www6.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/rsa1986125/sch1.html