If I’m a first time drink driving offender, will the court be lenient?
Many people charged with drink driving in Victoria are first-time offenders who have never previously been in trouble with the law. A common question in these circumstances is whether the court will treat a first offence more leniently.
Courts will usually take into account that a person has no prior criminal history when determining the appropriate sentence. At the same time, Victorian drink-driving laws require the court to impose a mandatory minimum loss of licence. This means that even where a person has never previously committed an offence, the court must impose at least the minimum period of licence suspension or disqualification prescribed by law.
Being a first-time offender may influence the sentence imposed by the court, for example, the level of any fine or whether another form of penalty is appropriate. The law nevertheless requires the court to impose at least the mandatory minimum period of licence loss.
Even so, the way a case is prepared and presented to the court may still be relevant when the court is determining the appropriate sentence and considering whether the minimum period of licence loss is sufficient in the circumstances.
Low-Range Drink Driving Offences
In some lower-range drink driving cases, Victoria Police may deal with the matter by issuing a traffic infringement notice rather than requiring the driver to attend court. If this occurs, the driver will receive a fine and their licence will be suspended for three months.
In many other situations, however, a drink driving charge will proceed to court.
The legal blood alcohol limits in Victoria are:
0.00 for learner and probationary drivers
0.05 for most other fully licensed drivers
Mandatory Minimum Loss of Licence
If you are required to attend court for a drink driving offence and it is your first offence, the court must impose a minimum period of licence loss.
The minimum period depends on the recorded BAC reading.
For drivers whose BAC is between 0.05 and 0.099, the law provides for a minimum licence disqualification period of six months.
Where the BAC reading is 0.10 or higher, the minimum period of licence disqualification increases in line with the recorded BAC. Under the statutory schedule, the minimum period broadly corresponds with the BAC reading expressed in months. For example:
A BAC reading of 0.10 carries a minimum licence disqualification period of 10 months
A BAC reading of 0.17 carries a minimum licence disqualification period of 17 months
Where a mandatory minimum loss of licence applies, the court cannot impose a shorter period, regardless of the personal impact that losing a licence may have. The court may, however, impose a longer period of disqualification if it considers that appropriate.
What Happens if It Is Not Your First Offence?
If a person commits a drink-driving offence for a second or subsequent time, the statutory scheme provides that the mandatory minimum licence loss periods are doubled.
For example:
A BAC reading of 0.10 carries a minimum licence disqualification period of 20 months for a subsequent offence
A BAC reading of 0.17 carries a minimum licence disqualification period of 34 months for a subsequent offence
In addition to the longer period of licence loss, the sentence imposed by the court may also become more serious. Courts have the power to impose penalties such as:
larger fines
community correction orders, and
in more serious cases, terms of imprisonment
Licence Reinstatement and Interlock Requirements
In addition to any period of licence loss imposed by the court, drivers convicted of drink driving offences in Victoria are required to complete a Drink Driver Behaviour Change Program before they can have their licence reinstated.
When a licence is restored, drivers are usually required to:
comply with a zero BAC condition, and
install an alcohol interlock device in any vehicle they drive for a specified period
The length of the interlock period depends on the BAC reading and whether the offence is a first or subsequent offence.
Getting Legal Advice
If you have been charged with drink driving in Victoria, obtaining legal advice can help you understand:
the court process
whether a defence may be available
the mandatory licence consequences you face
the sentence the court may impose
the steps required to regain your licence after any period of licence loss
At Stary Norton Halphen & Galbally, our lawyers practise exclusively in criminal law and regularly represent clients facing drink driving charges across the Victorian courts. We provide clear advice on your options and ensure your case is carefully prepared and properly presented in court.
For any information or assistance, please contact our legal team.
You can reach us at 03 8622 8200 or through our online form.