A drink driving charge can take your licence for months or years, and the penalty depends on your reading, your licence and your state. Here's how drink driving law works in Australia, where the states differ, and the drink driving lawyers we list in each city.
Drink Driving lawyers by city
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What drink driving lawyers do
They advise on whether to plead guilty or contest the charge, prepare the case for sentencing, apply for work or extraordinary licences where a state allows them, and appeal licence suspensions.
Penalties are set by the reading, and many drivers, including learners and P platers, must have zero alcohol. Who counts as a zero limit driver varies by state, and so do the penalties.
When a lawyer is worth it
- A mid or high range reading, a refusal or a repeat offence, where jail, long disqualifications and interlocks come into play.
- You need to drive for work. In Queensland a work licence has to be sought before the magistrate makes the disqualification order.
- Before you pay or contest a notice, since it can change the penalty.
How the rules differ between states
- NSW: police can suspend your licence on the spot, for 3 months for a low range offence and until the case is decided for mid or high range or a refused test. Mid range, high range and repeat offences mean a mandatory interlock order.
- Victoria: an infringement is only available for a first offence under 0.15, and everyone who loses their licence for drink driving must do a behaviour change program before getting it back.
- Queensland: at 0.10 or over, or after refusing a test, your licence is suspended immediately until the court deals with the charge. Under 0.10 it's suspended for at least 24 hours.
- WA: a reading of 0.15 or more is charged as driving under the influence, and at 0.08 or more police can give a roadside notice disqualifying you for 2 months.
What to ask before you hire one
- Should I take the notice or go to court?
- Can I get a work or extraordinary licence, and what evidence will I need?
- How do your fees work?
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Drink Driving lawyers: common questions
Will I get a criminal record for drink driving?
It depends on the state and how the charge is dealt with. In NSW a penalty notice doesn't give you a conviction, and in court a magistrate can find you guilty without recording one under section 10, though only once in 5 years for a major traffic offence such as drink driving. In WA, paying an infringement doesn't go on your criminal record. In Victoria, a conviction is recorded if you don't object to a drink driving infringement within 28 days.
Should I pay the notice or go to court?
Get advice first, because it varies by state and the choice can be hard to undo. In NSW, once you elect court and a court attendance notice is issued you can't change your mind, and a magistrate can give a higher fine than the notice. In Victoria, objecting to a low range infringement can double the minimum disqualification for some drivers.
Can I keep driving for work?
Sometimes. In Queensland you may get a work licence if your reading was under 0.15, you held an open licence and you meet other conditions, but you must apply before the magistrate disqualifies you. In WA you can apply to the court for an extraordinary licence, but not while a roadside disqualification notice is running. Other states have their own rules.
What is an alcohol interlock?
A breath testing device fitted to your car. In Victoria the car won't start at 0.02 or more, and WA's device is set at 0.02. In NSW, Queensland and WA the driver pays for it. Which offences trigger one varies by state. In Victoria one must be fitted before you're relicensed after any drink driving loss of licence, while in NSW, Queensland and WA it's tied to higher readings, refusals and repeat offences.
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