Traffic and Drink Driving: frequently asked questions

A drink driving conviction in Victoria will result in mandatory licence disqualification. The minimum disqualification period depends on the BAC reading and whether it is a first or repeat offence.

Under the Road Safety Act 1986 (Vic), a first offence at low PCA (0.05-0.099) carries a minimum 3-month disqualification. Higher readings and repeat offences carry longer disqualifications and may result in alcohol interlock conditions. Sam Russo can advise on the likely outcome and any special circumstances applications.

For eligible first-time offenders in Victoria, the Criminal Diversion Program may allow charges to be resolved without a finding of guilt and without a criminal record. Eligibility depends on the offence type, the police, and the Magistrate approval.

Diversion is available for some summary offences heard in the Magistrates' Court. Conditions typically include a donation, a letter of apology, or a counselling program. Not all matters qualify, and police consent is required alongside Magistrate approval. The opportunity for diversion is usually assessed at or before the first mention, making early legal advice essential.

A special circumstances application allows a court to reduce the licence disqualification period where loss of licence would cause exceptional hardship, particularly in employment. It is not available in all cases.

Special circumstances applications are made under s50AAA of the Road Safety Act 1986 (Vic). The court considers factors including employment dependency on a licence, family responsibilities, and the impact of disqualification on the family. Not all drink driving matters qualify. Sam Russo can advise on eligibility and how to present the strongest possible application.

Yes. Under Victorian law, the presence of an illicit drug in your saliva or blood is sufficient for a drug driving offence, regardless of impairment. You do not have to be visibly impaired to be charged.

Section 49 of the Road Safety Act 1986 (Vic) creates a presence offence - the mere detection of cannabis, methamphetamine, or MDMA is enough for a charge. The defence options for drug driving matters differ from drink driving and early advice is important.

Do not make admissions, offer explanations for where you were or what you did, or speculate about what police know. Exercise your right to silence beyond confirming your name and address, and ask to speak to a lawyer before any interview.

Common mistakes people make: trying to explain themselves to show cooperation, volunteering context that implicates them, or assuming an informal conversation is not being recorded. Police are experienced interviewers. The safest position before speaking to a lawyer is to say: I wish to exercise my right to silence. I would like to speak to a lawyer. Sam is contactable by phone and can provide immediate pre-interview advice.

Contact a criminal lawyer as soon as possible after being charged, and before any police interview if one has been requested. Time matters most in the first 24 hours: bail decisions, interview decisions, and early charge negotiations all occur at this stage.

If you have been arrested and are at the police station, you have the right to speak to a lawyer before an interview. Sam is available by phone for urgent matters. Once charged, your first court date (the Mention) is typically 4 to 6 weeks away in the Magistrates' Court, but preparation for that date begins immediately.