first time drink driving offence victoria

What is considered a first offence … In drink drive cases where the blood alcohol content reading is 0.07% or more (and in some cases where it is below that reading) the Court has no power to let you keep your licence. Find resources and information about Victorian transport on the following websites. The penalties that apply to first-time drink driving offenders are dependant on the type of license held and the BAC recorded. Once you have an interlock installed, present your Alcohol Interlock Installation Certificate [PDF 122 Kb] provided to you by your installer, along with any BCP certificate and your id to a VicRoads office to have your licence re-issued. Taking into account further offences committed during the study DRINK-DRIVERS could be given on-the-spot fines for low-range and first-time offences rather than facing court. Beyond any mandatory period of licence loss, a first time drink driving or drug driving offender faces a maximum penalty of a fine. If the magistrate cancels your licence and disqualifies you from driving, usually the disqualification will be back-dated to the date you got the immediate suspension notice. It is a promotion for myVicRoads. Your credit card/bank account details have now been updated. Read Alcohol interlocks for more information about this and how to get a device removed. The police can suspend your licence if you are: This is called an 'immediate suspension' even though it is not always immediate. Offence if driver not licensed. After this crash I cooperated with the police. In addition to the power to impose a period of imprisonment the court can also: Have your car impounded (if you refuse to provide a specimen of breath or blow over 0.15%; Read more about impoundment powers here. The fines are: 30 penalty units – driving with more than prescribed amounts of drugs and alcohol 25 penalty units (or 3 months jail) – driving under the influence 12 penalty units – providing a sample of fluid with prescribed drug present 12 penalty units – driving with more drugs than prescribed 12 penalty units – driving while impaired 12 penalty units – refusing to be tested for drugs or alcohol. Repeat drink drivers face higher penalties than first time drink drivers. Not as yet licensed automatically suspended. As a first-time offender, it is important that you know the correct procedure to follow and exactly how it may affect your future. If this is your second offence in 10 years, the minimum period of disqualification is double. Where the offence was an offence contrary to s 49(1)(b), was a first offence, was committed on or after 1 October 2014 and with a reading of less than 0.15 (which is the case here) the court must impose an ‘alcohol interlock condition direction’ for 6 months. The police can use the outcome of the breath test as long as they used the right procedure in carrying out the test. The magistrates Court sentencing guidelines for a reading of between 36 and 50 in breath is a 12 - 16 month disqualifiaction, a fine of between 125% … One type of drug driving offence is driving with more drugs than prescribed. The prosecution has to prove that you were driving a motor vehicle and that the alcohol reading was above the legal amount. Back then the penalty was a fine not exceeding 40 shillings or imprisonment with or without hard labour. Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. If you are caught driving with a Blood or Breath Alcohol Concentration (BAC) over the legal limit you will face heavy fines, loss of licence with a requirement to install an interlock before being relicensed and, for the most serious offenders, possible imprisonment. 1996 – the Victorian Government held a Drug Driving Parliamentary Road Safety Committee Inquiry. Their report, Inquiry into Effects of Drugs (Other than Alcohol) on Road Safety in Victoria, detailed 40 recommendations including a new offence of 'driving while impaired'. This offence carries hefty fines and up to 12 months imprisonment. It is an offence to drive a motor vehicle if the blood alcohol concentration (BAC) in your breath is higher than the prescribed amount. If you are caught drink driving you may have your vehicle impounded if your BAC is 0.10 or more. In most cases, the magistrate must cancel your licence and disqualify you from driving for a certain amount of time. There are various types of drug driving offences in Victoria for which the penalties differ. If you have gone over your prescribed alcohol limit before driving in Victoria, you will be charged with drink driving. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication. The suspension lasts until the date in the suspension notice or until your case is heard in court. An overview of how to get your driver licence back following a driving ban for a drink driving offence. Drink driving offences in Victoria are governed by the Road Safety Act 1986. Read our legal information about COVID-19 coronavirus. You can also find more legal information at www.legalaid.vic.gov.au. It is intended as a general guide only. It is a notification regarding direct debiting. These programs are different depending on how high the driver’s BAC was and whether they had been caught drink or drug driving before. The most common charges are: You can tell the court that you will plead guilty to one charge and then the police will withdraw the other charge. if the test for alcohol was taken more than three hours after you were driving. 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