| Part 5 of the Road Safety Act (Vic.) contains six | | | | discretion to alter the period of cancellation. |
| types of drink-driving offences as follows: | | | | Drink-drivers with alcohol readings of 0.05 or 0.06 may |
| 1 Driving or being in charge of a motor vehicle under | | | | retain their licenses subject to incurring 10 demerit |
| the influence of alcohol (DUI); | | | | points whereupon VicRoads has the power to |
| 2 Driving or being in charge of a motor vehicle while | | | | suspend or cancel licenses and permits. |
| the blood alcohol content (BAC) exceeds or is equal to | | | | Whilst difficult, it is possible to challenge BAC readings |
| the prescribed limit of 0.05; | | | | successfully. These defences are generally based |
| 3 "Fail the test" offences; | | | | upon expert evidence, using the breathalyser |
| 4 Refusing a breath test or failing to undergo a blood | | | | over-estimation and rise and fall arguments. These |
| sample in hospital after a motor vehicle accident; | | | | defences are confined to offences of being in charge |
| 5 Failure to have a zero blood alcohol (for | | | | of a motor vehicle while the blood alcohol content |
| Probationary license holders); and | | | | exceeds the prescribed limit. |
| 6 An accompanying driver offence. | | | | It is more difficult to challenge "fail the test" offences |
| Penalties for blood alcohol offences usually involve | | | | where a driver has, within three hours of driving or |
| fines or imprisonment or license or permit | | | | being in charge of a motor vehicle, provided a breath |
| disqualification. License or permit penalties for | | | | sample or a blood sample which, when analysed, |
| drink-driving offences involving BAC readings vary | | | | exceeds the prescribed BAC. In relation to those |
| according to the nature of the driver's BAC, prior | | | | offences, challenges appear to be limited to situations |
| drink-driving offences, and when the offence took | | | | where the elements of the offence are not made out. |
| place. | | | | In other words, defences are that the defendant was |
| Conviction for more serious offences like DUI or | | | | not driving; the test was not done within three hours of |
| refusing a breath or blood test, involves two years' | | | | driving; or where the defendant can establish that the |
| license disqualification for a first offence and four | | | | BAC was solely due to the post-driving consumption |
| years license disqualification for subsequent offences. | | | | of alcohol; or the breathalyser was on the occasion |
| Conviction for BAC reading offences involves license | | | | not in proper working order or not properly operated. |
| disqualification on a sliding scale according to the BAC | | | | It is also becoming increasingly common for |
| reading. The period of disqualification is doubled for a | | | | drink-driving charges to be challenged on grounds that |
| subsequent offence. | | | | the Police have failed to comply with the drink-driving |
| As a result of the Road Safety (Amendment) Act | | | | legislation. |
| 2000 (Vic.), drink-drivers with readings of 0.07 or above | | | | It is important for clients to seek legal advice, |
| must have their license cancelled, irrespective of | | | | particularly where BAC readings are alleged to be 0.07 |
| whether they were issued with a traffic infringement | | | | or above. |
| or a summons to appear in court. Magistrates have no | | | | |