Frequently asked questions relating to Drink Driving, Licence Cancellation & Alcohol Interlocks
Get all your Drink Driving and Drug Driving questions answered here. Feel free to submit a question about the law and we will attempt to provide the answer for you.
What is BAC?
What is a DUI (definition?)
A charge of DUI is contained under section 49(1)(a) of the Road Safety Act 1986 (Vic). In order to prove this charge, the police must show that you were under the influence of alcohol to such an extent as to be incapable of having proper control of your car.
Can you drink alcohol while driving?
When is it safe to drive the morning or day after drinking alcohol?
Some people say that a general rule of thumb to stay under the limit of 0.05:
- Men: Two standard drinks in the first hour and one standard drink each hour after that.
- Women: No more than one standard drink per hour.
Other people say that you should wait at least 12 hours after your last drink.
Both of these methods involve guesswork and no guarantees can be made. Use your best judgment and if had a big night and aren’t sure, don’t risk it. Taxis, buses, trains, trams, walking and lifts with friends are all good options to get where you need to go.
Teenage Drink Drivers
In 2015, there were 27 young drivers killed. Of those deaths, 78% were males, 56% were killed in single vehicle crashes and 67% were killed in crashes that occurred during high alcohol times.
Women Drink Drivers
Women should take the same precautions as men and ensure that they count their drinks, make sure to eat food, drink water and leave plenty of time between your last drink and getting behind the wheel.
How much does a lawyer cost?
- The experience of your solicitor/barrister
- The charges you face
- Which jurisdiction your case is listed (Magistrates, County or Supreme Court)
- How much preparation is involved (pages to read, conferences, negotiation with prosecutors, research)
- How many court appearances may be required
- Whether expert evidence is required to be called (psychologists, doctors, etc)
- For a drink driving case, you will generally be able to get a solicitor or barrister for between $800 – $2500 for a guilty plea and between $2000 – $5000 + expert witness fees (up to $3000) for a not guilty plea.
Some lawyers charge a flat fee and some lawyers charge per hour. Lawyers are obligated to tell you their fees up front before they commence work. So make sure you are happy with the fees before getting them to do the work for you.
Can I get a work licence until my case is finalised?
How do breathalysers work?
Drink/drunk driving facts and statistics
- You are 10 times more likely to have a crash from drink driving in high alcohol times between 6pm – 6am, Thursday, Friday & Saturday nights.
- You can become over the limit even if you limit yourself to only one drink per hour. Whether you are over 0.05 depends on your sex, sex, age and weight all plays a part as does the type of alcohol consumed (beer, wine or spirits) as well as how frequently the drinks were consumed, whether you have eaten, whether you are mixing drinks as well as your overall state of health. Drinking coffee, eating breath mints or taking a cold shower will do nothing to reduce your blood alcohol level. Drink lots of water and wait it out.
33% of all drink drivers involved in fatal accidents are aged between 17-24 years old.
- In 2015, there were 27 young drivers killed. Of those deaths, 78% were males, 56% were killed in single vehicle crashes and 67% were killed in crashes that occurred during high alcohol times.
- 0.05 Means you are at double the risk of having an accident. 0.08 Means you are 7 times more likely to be involved in an accident. 0.15 Means you are 25 times more likely to be in an accident.
- Close to one in four drivers and riders killed in the last five years had a BAC greater than 0.05.