3 Mistakes To Avoid When Defending A Drink Drive Charge In Melbourne

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Drink driving is one of the most common causes of road trauma and death in the state of Victoria and throughout Australia. Drink driving is assessed by measuring a person’s blood alcohol concentration (BAC) using a fully calibrated testing machine. While most drivers can only drive with a BAC below .05, probationary licence drivers (P plates), learner drivers (L plates) and drivers of busses, taxis and trucks over 15 tonnes must have a zero BAC. Whether you have been stopped by the police and given a traffic infringement notice, or have been served with a charge and summons to appear in court, here are the top three mistakes to avoid making.

1. Refusing To Blow

Victoria Police carry out extensive breath testing and conducted almost 4 million breath-tests in 2013 alone. Most drivers who are stopped by the police know instantly that they are over the limit. They mentally start ‘defending’ themselves from the inevitable charge that is to follow. The worse mistake that drivers can make is refusing to blow into the hand-held breath-testing device until deep lung air is exhaled. According to the Better Health Channel ‘refusing a breath test is a serious offence with severe penalties. A driver who does not cooperate can be fined and disqualified from driving’. Reducing to blow is a serious mistake. If you need to drive for work, your livelihood can be thrown into jeopardy. Furthermore, it is far harder for even an expert defense solicitor to defend someone who has refused to blow.

2. Entering A Guilty Plea Before Contacting A Lawyer

According to the State Department of Victoria’s official website, the law in Victoria ‘imposes severe penalties on convicted drink drivers, including loss of licence, fines and, occasionally, imprisonment’. The government notes that ‘more than 12,000 Victorians lose their licence every year because of drink driving offences’. If you have been charged with drink driving, the top mistake to avoid is pleading guilty before contacting a lawyer. You may have recording a BAC reading of over .05 but you are not automatically guilty. Guilt is a legal term and there may be legally defensible reasons why you were in charge of a motor vehicle with a high blood alcohol level. It is much harder to prepare a successful defense after having entered a guilty plea. Always contact a defense solicitor before entering a plea.

3. Contacting An Inexperienced Defense Solicitor

If you have been served with a charge and summons to appear in court, you usually need to win to save your licence. The State Of Victoria advises that ‘the penalties for drink driving depend on the offender’s BAC level and on whether they have prior drink driving offences. Sentencing usually includes licence cancellation for a set period’. A driver who records a BAC of between .05 and .07 will typically be fined and incur demerit points although more serious offences of BACs over .10 may include community-based orders or imprisonment. A huge mistake to make is retaining the services of an inexperienced defense solicitor.

You need expert representation in court on a plea of guilty. Whether your case is heard in the Magistrates’ Court, the County or the Supreme Courts of Victoria, expert criminal solicitors can help minimize licence loss periods, fines and jail terms.

Conclusion
Being stopped and charged with drink driving in Melbourne can have devastating consequences. What do you think of these three mistakes? What did we miss? Let us know in the comments section below.

Bob Marker, the author of this article, is an employee at Dribbin& Brown, well-known criminal solicitors in Melbourne. Whenever Bob gets time; he volunteers at the local homeless shelter.

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