Drink Driving Lawyers Melbourne
- Over 30 years experience in the criminal justice system
- Track record of success
- Nationally acclaimed expertise
Free Legal Advice 24/7
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Driving Under the Influence (DUI)
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Exceeding the Prescribed Concentration of Alcohol (“ PCA ”)
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Refusing to Undergo a Preliminary Breath Test
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Refuse or Fail to Comply with a Request or Signal to Stop
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Refusing to Comply With Directions Made by Police Regarding
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Exceeding the Prescribed Concentration of Alcohol (Breath Analysis) within 3 Hours
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Driving a Motor Vehicle With a Blood Sample Indicating a Prescribed Concentration of Alcohol
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Expca of Drugs and Alcohol Within 3 Hours of Driving or Being in Charge
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Consume Intoxicating Liquor While Driving
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Consuming Intoxicating Liquor While Supervising Driving a Learner Driver
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Breach of Alcohol Interlock Condition
Are you facing drink driving charges?
Excellent Court Representation (No demerit points or traffic fines advice)
MK Law are widely regarded as being experts in the defence and representation of Drink Driving Charges for clients accross the state of Victoria. With over 20 years experience in this area of law, you can feel confident that your matter will be handled by our experienced team of lawyers.
Founder, Michael Kuzilny, prides himself on having an extensive and up-to-date knowledge of all drink driving issues, loopholes, and upcoming legislation changes. His wealth of experience as a Melbourne drink driving lawyer will be used to ensure you receive the best leval advice and the best possible outcome to your case. If you have been charged with drink driving or are facing any drink driving matter, MK Law can assist you with expert legal representation.
OUR SUCCESS RATE IN DRINK DRIVING CASES IS SIGNIFICANT in either avoiding, greatly reducing, or minimising driving licence suspensions. Drink driving matters can be complex and require expert legal advice to navigate the court process and achieve the best result.
Drink driving can be a serious charge, and Victoria has some of the strictest drink driving laws in Australia. Whether you are facing a first drink driving offence or a subsequent offence, the consequences can be severe. If you or a loved one has been charged with a first or subsequent drink driving offence, or a first time offence with a very high reading, please contact this office urgently.
At MK Law we understand that your driver’s licence is often your livelihood. If there is anything we can do, or any legal argument which can be run to protect you from losing your drivers licence and your ability to drive, we will certainly advise you accordingly! At MK Law, we promise that we will leave no stone unturned in investigating your drink driving charge and any possible defences.
Remember, if any potential prosecution is to be defended successfully, the sooner work begins on your defence, the better. Don’t be tempted to forget about your case and hope it will go away; it won’t. Drink driving laws apply even on private property, so it is important to seek legal advice for any drink driving matters regardless of where the incident occurred.
Exceptional Outcomes
At MK Law we have run many drink driving cases including high-profile matters. If you want further proof of our reputation, please look up our many hundreds of 5-star google reviews and other client review platforms online.
What is a Driving Under the Influence (DUI) offence?
Driving under the influence (DUI) or drug driving occurs when someone operates a motor vehicle while impaired by alcohol or drugs, to the extent that they are unable to maintain proper control of the vehicle. This offence is provided under section 49(1)(a) of the Road Safety Act 1986 (“RSA”) and is part of a broader range of driving offences.
The Importance of a Breath Test
A breath test is essential for Victoria Police to enforce drink driving laws and measure blood alcohol concentration (BAC). Under the Road Safety Act 1986, fully licensed drivers must stay below a BAC of 0.05, while professional and probationary drivers must have zero BAC. Exceeding the legal limit can result in serious drink driving offences.
Penalties for drink driving include licence disqualification, substantial fines, imprisonment, and mandatory alcohol interlock device installation. Refusing a breath test carries severe penalties similar to high-range drink driving charges.
First-time drink drivers may also face a Behaviour Change Program and impacts on employment. The financial costs, including fines and interlock devices, can be significant.
Seek expert advice from experienced drink driving lawyers in Melbourne to protect your licence and explore possible defences. Early legal representation improves outcomes for those facing drink driving charges.
Police Interview
If you have been charged with drink driving, you may be asked to attend a police interview to discuss the allegations. The police will use this interview to gather evidence, such as a blood sample, to support their case. You will have the opportunity to seek legal advice before answering any questions. It is essential to take advantage of this opportunity. Having an experienced criminal defence lawyer at your side can help you understand your rights and ensure you follow the best course of action during the interview in your drink driving matter, improving your chances of a more favourable outcome.
What needs to be established?
To prove a charge of driving under the influence, which is one of several drink driving offences, the prosecution must demonstrate the following:
- You were driving or in control of a motor vehicle.
- You were under the influence of alcohol, drugs, or both.
- Your ability to properly control the vehicle was impaired.
The prosecution must prove all of these elements beyond a reasonable doubt for the accused to be found guilty. Penalties for drink driving offences may vary depending on whether it is a first or subsequent offence.
Where will my charge be heard?
DUI charges are typically heard in the Magistrates’ Court of Victoria. However, more serious drink driving cases or appeals may be heard in the County Court, which requires specialised legal representation.
Penalties for Driving Under the Influence (DUI)
If convicted of a DUI, mandatory penalties apply and vary depending on whether it is your first, second, or subsequent offence:
First Drink Driving Offence: A fine of up to 25 penalty units and up to 3 months’ imprisonment. First offenders may also be subject to additional requirements.
Second Offence: A fine of up to 120 penalty units and up to 12 months’ imprisonment.
Third or Subsequent Offence: A fine of up to 180 penalty units and up to 18 months’ imprisonment.
Additionally, under Section 50(1B) of the Road Safety Act, if you are found guilty under Section 49(1)(a), the court must disqualify your driver’s licence or learner’s permit for at least:
2 years for a first offence.
4 years for any subsequent offence.
It’s important to note that DUI charges often come with additional, lesser offences related to drink driving. By consulting an experienced traffic lawyer, such as MK Law, you may be able to reduce both your time off the road and the severity of your penalty by negotiating a resolution to those lesser charges.
If found guilty of driving under the influence of alcohol or drugs, VicRoads may also require you to complete a behavioural change program. For first time offenders, a mandatory interlock condition will be imposed, requiring the installation of an alcohol interlock device for a specified period. VicRoads determines participation in this program and compliance with the interlock condition, which may be a condition of the court’s sentencing.
Questions to Consider
- Should I plead guilty or not guilty?
- What options do I have to minimise my penalty?
- Do I have a defence that could reduce or dismiss the charge?
- Has it been more than 3 hours since I last drove the vehicle?
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Driving Under the Influence (DUI)
-
Exceeding the Prescribed Concentration of Alcohol (“ PCA ”)
-
Refusing to Undergo a Preliminary Breath Test
-
Refuse or Fail to Comply with a Request or Signal to Stop
-
Refusing to Comply With Directions Made by Police Regarding
-
Exceeding the Prescribed Concentration of Alcohol (Breath Analysis) within 3 Hours
-
Driving a Motor Vehicle With a Blood Sample Indicating a Prescribed Concentration of Alcohol
-
Expca of Drugs and Alcohol Within 3 Hours of Driving or Being in Charge
-
Consume Intoxicating Liquor While Driving
-
Consuming Intoxicating Liquor While Supervising Driving a Learner Driver
-
Breach of Alcohol Interlock Condition
Testimonials
What people Say
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Michael Sunderland from MK Law handled my matter with professionalism, respect, and genuine care. It was clear that he genuinely cared about gett... Read More5/5
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I cannot thank Michael Sunderland from MK Law enough for the way he handled my case. From the very beginning, Michael was highly professional, kno... Read More5/5
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I would like to sincerely thank Ashleigh for her exceptional support and professionalism during a very difficult time in my life. From the first m... Read More5/5
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I would like to highly recommend Michael Sunderland. Michael took on my matter from another lawyer that was not able to represent me at the time. ... Read More5/5
Seeking Legal Aid for Drink Driving? Contact Us Today!
If you have been charged with a drink driving offence in Melbourne, it’s crucial to have an experienced lawyer on your side. At MK Law Firm, we specialise in drink driving matters and drink driving offences, providing expert legal advice and representation to ensure the best possible outcome for your situation. Our team of dedicated lawyers understands the complexities of drink driving laws and is committed to protecting your rights and minimising the impact on your life.
Navigating the legal system can be daunting, but you don’t have to face it alone. MK Law Firm offers personalised legal services tailored to the unique circumstances of your case. We meticulously review every detail, from the accuracy of breathalyser tests and blood sample evidence to the legality of the traffic stop, to build a strong defence. We can assist with preparing for a court hearing, and addressing penalties such as an interlock condition. Our expertise encompasses drug driving and other driving offences, and we have experience handling cases in both the Magistrates’ Court and the County Court, particularly for more serious or appealed matters. Our goal is to achieve the most favourable results for our clients at law, whether that means reduced charges, alternative sentencing, or even case dismissals.
Don’t let a drink driving charge derail your life. Contact MK Law Firm today and let our expert team guide you through this challenging time. Please fill out our contact form or call us directly at 1800 130 120. We also provide a 24/7 Free Legal Advice to ensure that you always have access to critical legal advice when you need it the most.
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Top 5 firms by reputation dealing with traffic and criminal law matters.
- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au