Our experienced lawyers will help you get a fair hearing and resolve your issue quickly so you can get on with your life.
What is drink or drug driving
In Victoria, it’s illegal to drive a vehicle if you’ve had too much alcohol. The only drugs you’re allowed to have in your system when you drive are those that have been prescribed by a doctor and are being used in line with your prescription.
The amount of alcohol you are allowed to have in your system depends on the type of licence you hold or the type of vehicle you’re driving:
- Less than 0.05 blood alcohol content (BAC) is allowed if you have a full licence; and
- No alcohol is allowed in your system if you’re driving a heavy vehicle or driving with ‘L’ or ‘P’ plates.
What type of testing will I receive
If you’re pulled up by the police you may be asked to take a random alcohol and/or drug test. You may be asked to blow into a breathalyser to check for alcohol. You may also be asked to take a saliva test to check for drugs.
If the breathalyser or saliva test indicates that you have alcohol and/or drugs in your system, your test may also be sent to a laboratory for further testing to confirm whether you have alcohol or drugs in your system. You may also be asked to provide either a urine or blood sample.
At this time, the police may suspend your licence and impound your vehicle.
Why MNG Lawyers
Our lawyers have over 20 years experience helping people just like you. Being charged with drink or drug driving can be a stressful experience. We take the time to listen to you, explain what your rights are in plain English and outline your options. We can represent you in court and help you get a fair hearing.
Frequently Asked Questions
If you’re charged with drink or drug driving you may:
- Lose your licence;
- Have your licence suspended;
- Be fined;
- Lose demerit points; or
- Go to jail.
In most cases, you will lose your licence for a period of time if you’re found guilty of drink or drug driving. But it’s not common for someone to go to jail for drink or drug driving unless they’ve been found guilty of the same offence more than once.
You may also need to take a Behaviour Change Program or receive drug and alcohol counselling.
There are strict rules that outline how long you can lose your licence for drink or drug driving. For drink driving, if it’s your first offence you will lose your licence for:
- At least three months if your BAC is between 0.05 and 0.069;
- At least six months if your BAC is between 0.07 and 0.099; and
- At least 10 months if your BAC is 0.10, at least 11 months if your BAC is 0.11. It continues to go up by one month for each additional 0.01 until you reach 24 months.
If you’ve been found guilty of drunk driving before you will lose your licence for at least double the amount of time.
If you’re found guilty of drug driving, you will lose your licence for at least six months for the first offence and at least 12 months for any subsequent offence.
If you refuse to take a drug or alcohol test you may also risk losing your licence.
Probably not. Most insurers will not cover you for any charges associated with drink or drug driving. This includes any damage to your vehicle or someone else’s if you’ve had an accident while driving under the influence.
If you do lose your licence, you will need to let your insurer know and it may affect the premiums you pay.