Facing a DUI charge in Victoria? Navigating this legal challenge alone can be overwhelming, but a DUI lawyer can provide the expert advice and representation needed to protect your future.
In Victoria, a DUI is defined under section 49(1)(a) of the Road Safety Act 1986, which makes it an offence to drive or be in control of a motor vehicle while under the influence of alcohol or of any drug to such an extent as to be incapable of having proper control of the motor vehicle.
This serious offence carries significant legal penalties, such as fines, licence disqualification and imprisonment, making it critical to seek expert legal assistance as soon as possible.
See here for more on the elements of a DUI charge, or read on to find out how a DUI lawyer can help.
Why You Need a DUI Lawyer in Victoria
DUI is one of the more serious traffic offences found under Victoria’s Road Safety Act 1986. The penalties for DUI charges can be severe, including fines, licence disqualification, mandatory alcohol interlock devices, and even imprisonment. If you’ve been charged with a DUI, it’s vital to engage an experienced DUI lawyer to safeguard your rights and secure the best possible outcome. Navigating the legal system alone can be overwhelming, particularly for DUI charges that carry significant penalties. Engaging a lawyer well versed in the Road Safety Act provisions and who has a broader understanding of the complexities of traffic law and court procedures is always important. DUI charges are often accompanied by lesser drink driving offences. A lawyer that understands driving under the influence charges can negotiate with a prosecutor to accept a lesser charge, ultimately resulting in the DUI charge being withdrawn, minimising both your licence disqualification period and the penalties imposed by the court. Why hire a DUI lawyer? A DUI lawyer can;- Assess the Evidence: Identify errors in breath or blood test procedures and challenge inconsistencies in police reports.
- Build a Strong Defence: Investigate potential defences, including procedural errors, faulty equipment, or factual disputes.
- Mitigate Penalties: Negotiate for reduced charges or argue for leniency to avoid harsh penalties, including imprisonment or lengthy licence disqualifications.
When to Contact a DUI Defence Lawyer
You should contact a DUI lawyer as soon as you are charged or suspect you may be charged, so you and your lawyer can begin working towards achieving the best possible outcome in your case.Common Defences Used by DUI Lawyers
DUI cases often involve technical defences that challenge the evidence presented by police. Some common defences that may be available include:- Compliance with Testing Procedures: Challenging whether police followed proper protocols during BAC testing.
- Machine Calibration and User Error: Challeng the accuracy of the breathalyser or blood testing equipment and the competency of its operation.
- Count-Back Calculations: In situations such as post-accident testing, where police take a breathalyser reading more than three hours after you were driving, they must estimate your BAC at the time of driving using a “count back” method. These calculations are inherently less reliable than readings taken within the three-hour period, making them more susceptible to legal challenge.
- Improper Police Conduct: In instances where police failed to comply with your request for a blood test or applied undue pressure to dissuade you from requesting one.
- Disputes Over Control of the Vehicle: Arguing factual disagreements about whether you were in control of the vehicle at the time of the alleged offence.
- Procedural or Drafting Errors: Identifying flaws in the way charges were drafted or procedural mistakes by law enforcement.
Is DUI a Criminal Offence?
Yes, DUI is considered a criminal offence in Victoria. A conviction can result in a criminal record, which may affect your employment, travel opportunities, and personal reputation. The severity of penalties varies depending on whether you are a first time or repeat offender. If you are found guilty of a DUI charge, the maximum penalties are –- For a first offence, a fine of 25 penalty units and 3 months imprisonment.
- For a second offence, a fine of 120 penalty units and imprisonment for a term of 12 months.
- For a third or subsequent offence, a fine of 180 penalty units and imprisonment for a term of 18 months.
- For a first offence, 2 years; and
- For any subsequent offence, 4 years.
Common Misconceptions About DUI
There are several misconceptions about DUI charges that can lead to confusion. For example:- Some believe that “A DUI only applies if my BAC is over the legal limit”, but this is not true. In Victoria, a DUI charge focuses on whether the driver is incapable of properly controlling their vehicle due to alcohol or drugs, regardless of their specific BAC level.
- Similarly, others assume, “You can’t be charged with DUI if no breath test was taken.” However, police can rely on other evidence, such as observations of erratic driving, slurred speech, or impaired coordination, to prove a DUI charge.
| Offence Type | Definition | Typical Evidence | Penalties |
| DUI (Driving Under the Influence) | Driving while impaired by alcohol or drugs to the extent of being incapable of proper control (s49(1)(a)). | Police observations, breath tests, blood tests. | Licence disqualification, fines, imprisonment (even for first offences). |
| PCA (Prescribed Concentration of Alcohol) | Driving with a blood alcohol concentration above the legal limit (e.g., 0.05 for full licence holders) (s49(1)(b)). | Breathalyser or blood test showing BAC over the limit. | Licence disqualification, fines and imprisonment for repeat offenders. |
How Long Does a DUI Stay on Your Record?
When pleading guilty to a DUI charge in the Magistrates’ Court of Victoria, the court can sentence you either with or without a conviction. A non-conviction means that the DUI offence does not appear on most police record checks. A DUI conviction remains on your criminal record until it qualifies as a spent conviction. For adults, this occurs 10 years after the date of conviction, and for children, after 5 years—provided no further offences are committed during this period. However, for serious traffic offences like DUI, a non-conviction finding may still be disclosed in certain circumstances, such as for employment in sensitive industries or if required by law. If you are facing DUI charges and are concerned about the implications of a criminal record, seek advice from an experienced DUI lawyer as soon as possible.Can You Get Diversion for DUI?
The Criminal Justice Diversion Program in Victoria offers certain offenders the opportunity to avoid a criminal record by completing conditions tailored to their offence. However, for DUI offences, diversion in Victoria is not available because it attracts mandatory licence disqualification. So whilst diversion is not an option for a DUI charge, an experienced DUI lawyer can;- Review your case for any mitigating factors.
- Advocate for alternative resolutions, such as reducing the charge to a lesser offence that might qualify for diversion, as long as the offence does not attract mandatory disqualification.
- Assist with preparing compelling materials, such as character references or evidence of rehabilitation, to reduce the penalty that you receive in court.
