Drink Driving

In Victoria, it is an offence to drive while intoxicated or in other words a DUI, under section 49 it is stated:

“A person is guilty of an offence if he/she drives a motor vehicle or is in charge of a motor vehicle while under the influence of intoxicating liquor…… to such an extent as to be incapable of having proper control of the motor vehicle”

What the police must prove?

In order for the prosecution to satisfy a charge of drink driving they must prove beyond reasonable doubt that:

• The accused was driving a motor vehicle or was in charge of driving a motor vehicle;
• The accused driving a motor vehicle was incapable of controlling the motor vehicle due to the presence of alcohol.

Possible Defences

The possible defences for a charge of drink driving are either:

• The accused was not driving the motor vehicle;
• The level of intoxication did not constitute the accused’s inabilities to control the motor vehicle; or
• Machine error, the breathalyser gave a false test.

Penalties

The penalty for driving under the influence of intoxicating liquor is established in s 49(2)(a):

• For a first offence:
  • A maximum fine of 25 penalty units or 3 months in gaol or both.
• For a second offence:
  • A maximum fine of 120 penalty units or 12 months gaol or both.
• Any other subsequent offence:
  • A maximum fine of 180 penalty units or 18 months gaol or both.

For an offence against s 49, involves a compulsory disqualification from driving. For a first offence this is two years and for a second offence four years. An offence will be deemed a second offence if the prior matter (i.e. conviction at court) occurred within the 10 years preceding the date the second offence was committed.

Where will the matter be heard?

A drink driving charge as a summary offence and will be heard in the Magistrates court.