Accredited Criminal Lawyers Melbourne

Drink Driving

Drink driving is taken very seriously by the Court. The Court views its responsibility to protect the community as paramount, and if you are charged with drink driving, then you need to seek immediate legal advice.  At Emma Turnbull Lawyers, we have experienced criminal defence lawyers who can assist you in defending this charge.
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    Elements of the offence

    A charge of drink driving contains the following elements to be proven to be successful:

    1. The accused drove a motor vehicle on a road or road-related area;

    2. The accused had consumed alcohol;

    3. The accused's blood alcohol concentration exceeded the legal limit; and

    4. The accused knew or should have known they had consumed alcohol.




    Will I have to go to court?

    A drink driving charge will be tried summarily in the Magistrates’ Court.


    Maximum penalty

    If found guilty drink driving, the Court will have regard to the nature and circumstances of your driving, your past history and the level of intoxication in determining your penalty. In addition to your penalty, the Court must cancel and disqualify you from driving:

    If you are required to drive with zero alcohol (such as a P plate drivers or taxi driver) and your reading was less than 0.0, the law says the Magistrate must cancel your licence and disqualify you from driving for at least three months.

    - If you have received a road side infringement notice for drink driving from a police officer and you are
    - Over 26 years old,
    - Hold a full unrestricted licence; and
    - Your reading is under 0.07 the minimum licence cancellation is three months.

    If you have been to Court previously for drink or drug driving, the penalties are more severe.

    There is no maximum period of disqualification and the Court will have regard to the circumstances of the case and your personal circumstances when determining whether to impose a longer disqualification order against your licence.

    A Magistrate also has the power to impound or forfeit your motor vehicle on police application.

    Defence strategies

    Test Accuracy

    Challenge the accuracy of the breath test or blood test results

    Procedural Issues

    Identify breaches in police procedure during the testing process

    Medical Conditions

    Argue that a medical condition affected the test results

    Mistaken Identity

    Challenge whether you were the driver of the vehicle

    Why Clients Choose Emma Turnbull Lawyers?

    Every case is overseen by an Accredited Criminal Law Specialist.

    Specialist

    Every lawyer on our team focuses exclusively on criminal law and intervention orders - no general practice distractions. 

    Accredited

    Our partners hold specialist accreditation recognised by the Law Institute of Victoria - a qualification held by only a small number of lawyers.

    Strategic

    No generic advice, just strategic preparation and advocacy designed to protect futures.

    Are You Facing Criminal Charges?

    Early Legal Advice Matters. Contact Emma Turnbull Lawyers Today.