What To Expect After a Drink Driving Charge

A Victorian drink driving charge is a grave issue with both short-term and long-term effects. Whenever police identify an offence on the roadside, a set of legal and administrative procedures is triggered. These punishments may be the suspension of a licence, fines, compulsory programmes, and even imprisonment based on the offence committed.

The awareness of the future is capable of minimizing the unpredictability in a stressful period. One of the most feasible things a driver can do is to seek the services of a drink driving lawyer in Melbourne as early as possible. This is what will happen at every step of the process in Victorian law.

Immediate Roadside Consequences

As soon as a driver is pulled over by the police and a breath test comes out positive, the consequences start happening. Victoria police can impound the licence of a driver immediately. The duration of the immediate suspension will be dependent on the blood alcohol concentration (BAC) taken and whether it is the first offence or a repeat offence. In other instances, the car can even be impounded or frozen at the location. All these measures are instituted at the roadside without the matter even being taken to a court.

The Court Process

After a charge of driving under the influence, the suspect will be given a summons to appear at the Court of Magistrates, Victoria. During the hearing, the magistrate takes into consideration the circumstances of the offence and the BAC reading, the history of the driver, and other mitigating factors.

The penalties that a court can pass are as follows:

• Fines: This is a significant level of financial fines based on the level of BAC and the first or repeated offence.
• Licence disqualification: There is a minimum period of disqualification. Between three and six months is usually the norm in cases of a first offence, although higher BAC results or recidivism lead to a longer term.
• Community corrections order or imprisonment: In severe cases, especially cases with very high levels of BAC, repeat offending, or an accident that resulted in injury, the court might sentence to a community corrections order or a term of imprisonment.

The magistrate can also consider references of character, employment conditions, and rehabilitation evidence in deciding the ultimate penalty.

Alcohol Interlock Requirements

An alcohol interlock condition is one of the most important post-conviction conditions in Victoria. In most instances of drive-related offences, the court or VicRoads will mandate the driver to install an alcohol interlock device in the car before they can drive back on the road. In this device, the driver will have to give a breath sample before the engine can start. In case of the presence of alcohol, the vehicle will not start. Minimum interlock is dependent on the nature of the offence and the level of BAC that is registered. The programme should also be adhered to by drivers during the interlock period. The interlock period may be extended in case of failure to comply with the rules of the programme.

Zero BAC Condition

Following a conviction of a driver after being caught driving under the influence of alcohol, the driver must have a zero BAC for at least three years after the licence is reinstated. The condition appears on the licence irrespective of what the initial BAC reading was. Violation of the zero BAC provision is regarded as a distinct offence and may attract additional punishments.

Behaviour Change Programme

A driver has to undertake a mandatory Drink Driver Behaviour Change Programme before he /she is allowed to apply to have his/her licence reinstated. This programme assists the participants to learn about the dangers of driving after taking drinks and helps them come up with techniques of not mixing up drinking and driving. Depending on the severity of the offence, the kind of course that a driver is required to go through may vary, with some drivers being required to go through an intensive course.

Getting Your Licence Back

The steps that are involved in regaining a licence after a drink-driving charge are many. The driver should serve his disqualification period, go through the behaviour change programme, install the interlock device, and seek a licence restoration order at the Magistrates Court. VicRoads should also be convinced that all the specified conditions have been fulfilled before the issuance of a licence.

Conclusion

Victoria has a drink driving charge that causes a systematic procedure with severe consequences at each level. Short-term interlock and zero BAC, along with immediate suspension of the licence, are only a few of the long-term implications that are beyond the courtroom. Early access to legal advice will provide drivers with the best chances to strive to achieve a desirable result.