A drink driving charge can mean licence loss, a criminal record, fines, or even imprisonment. McMahon Criminal Defence Lawyers provides experienced drink driving and DUI defence in Ballarat and across Western Victoria, with fixed fees so you know the cost upfront.
Drink Driving Offences in Victoria
Drink driving offences under the Road Safety Act 1986 include: exceeding the prescribed concentration of alcohol (PCA) — low, mid, and high range, drink driving causing injury or death, refusal to provide a breath or blood sample, and driving under the influence (DUI).
The prescribed concentration for standard licence holders is 0.05. Penalties increase significantly above 0.10 (mid range) and 0.15 (high range).
Penalties for Drink Driving
Penalties typically include licence disqualification, fines, and potentially imprisonment for serious or repeat offences. High-range or repeat offenders will have an alcohol interlock condition imposed.
Losing your licence can impact employment, family, and daily life. We work hard to minimise disqualification or argue for a special hardship licence.
Defending a Drink Driving Charge
Possible defences include: procedural errors in how the breath or blood test was conducted, equipment calibration issues, the home safe defence, or mouth alcohol affecting the reading. Even where a defence is not available, a strong plea in mitigation can minimise the impact on your life.
Frequently Asked Questions
Will I lose my licence?
A period of disqualification is mandatory for most drink driving offences. The length depends on BAC reading and whether it is a first offence. We work to minimise the disqualification period.
Can I get a special hardship licence?
In some circumstances you may be eligible to drive for work or family purposes during disqualification. We can advise on eligibility and make the application.
Should I contest the charge?
It depends on the evidence. We will review the prosecution brief and advise honestly on whether contesting is worthwhile.
Get Expert Legal Advice — Fixed Fees, No Surprises
McMahon Criminal Defence Lawyers is located directly opposite the Ballarat Magistrates Court. Call us today for a confidential consultation.
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