Yes, drink driving, including driving over the prescribed alcohol limit and DUI (driving under the influence), is a criminal offence in Victoria and, if you are convicted, will result in a criminal record.
A criminal record for drink driving can have lasting consequences, impacting employment prospects and visa applications. Even a drink driving offence that is dealt with via an infringement notice will be disclosable in court for sentencing if you later appear for similar offences.
If you’ve been charged with a drink driving offence, contact an experienced drink driving lawyer to protect your rights and explain your options.
When will a drink driving offence show up on my record?
Whether a drink driving offence is disclosable on your criminal record depends on several factors, such as whether you are convicted, the type of sentence you receive and the purpose for which disclosure of your record is required (eg for employment or immigration purposes).
Drink driving offences are treated in a similar way in each state and territory in Australia. In Australia, there are two types of records:
- Traffic Record: This record appears on what is known in Victoria as a section 84 certificate and includes all traffic-related offences, including drink driving, regardless of whether the offence resulted in a conviction.
- Criminal Record (LEAP database): This Law Enforcement Assistance Program database is used by police in Victoria to store information on crimes, missing persons, and family incidents. It also contains criminal records of anyone who has been involved in criminal justice system.
When a drink driving offence is disclosable on your criminal record:
- If you are required to attend court for a drink driving offence, that offence will appear on both your traffic record and your LEAP criminal record if a conviction is imposed.
- Drink driving offences dealt with as a traffic infringement are considered an immediately spent conviction and will not generally appear on a criminal record check; however, it will be disclosed on your section 84 traffic record maintained by VicRoads. This record is used to determine penalties and relicensing conditions for future offences.
What Is the Relevance of a Conviction for Drink Driving?
A conviction for drink driving is significant as it can affect whether the offence is disclosable on your criminal record, employment opportunities, and future sentencing.
Sentencing with or without conviction:
- If the court finds you guilty of drink driving without conviction and you comply with any imposed conditions (e.g., good behaviour), the offence is immediately spent and will not generally be disclosed on a criminal record check.
- If the court finds you guilty with conviction, the offence will be disclosable on your criminal record until the end of the required conviction period, which is 10 years for adults.
- Convictions with a sentence of imprisonment or a Community Corrections Order (CCO) are permanently accessible to law enforcement on the LEAP database and are disclosable in court, leading to harsher penalties for any reoffending.
A spent conviction is not generally disclosable on a criminal record check, and a person is not required to disclose a spent conviction. However, there are several exceptions, such as working with children, employment in government and law enforcement, and firearms licensing.
All convictions, even spent convictions, are disclosable in court if you re-offend. For example, all prior drink driving offences, including infringements, will be presented to the Magistrate during sentencing.
If you are facing drink driving charges, obtaining legal advice is essential to minimise the long-term impact of a conviction on your record.
Is a Speeding Infringement a Criminal Offence?
Yes, speeding is a criminal offence. However, infringements are typically treated differently from other offences and do not usually appear as a criminal offence on your record.
Here’s how they are handled and when they may appear on your record:
- Speeding infringements that attract demerit points but do not result in a mandatory licence suspension or carry a maximum penalty of imprisonment do not generally appear on your Section 84 history or LEAP record. Minor speeding offences are unlikely to show up as prior history if you attend court for unrelated offences.
- Serious offences such as loss of traction or careless driving are exceptions. These offences will appear on your record, as they are treated more seriously under the law.
- If you choose to contest a speeding infringement in court and are subsequently found guilty, the court-imposed outcome will appear on your record. This may impact future court proceedings for driving-related offences.
If you are required to attend court for a speeding infringement or a drink driving offence, or a related offence, it is important to seek legal advice.
A specialist drink driving lawyer can:
- Represent you in court, potentially without your attendance.
- Help ensure that a conviction does not appear on your record, which could affect employment or visa applications for up to 10 years.
- While most speeding infringements are not criminal offences, exceptions exist that can have long-term implications. Consulting a lawyer can help protect your record and reduce the impact of a speeding infringement.
