Driving – Drink Driving Offences – VIC

Welcome to the VIC Driving under the influence of intoxicating liquor or of any drug article page. Everything you need to know about Driving under the influence of intoxicating liquor or of any drug according to VIC law.

What the Law States according to VIC Law for Driving under the influence of intoxicating liquor or of any drug

According to VIC Law for the charge of Driving under the influence of intoxicating liquor or of any drug,

Road Safety Act 1986 – SECT 49
Offences involving alcohol or other drugs

49. Offences involving alcohol or other drugs

(1) A person is guilty of an offence if he or she-

(a) drives a motor vehicle or is in charge of a motor vehicle while under the influence of intoxicating liquor or of any drug to such an extent as to be incapable of having proper control of the motor vehicle.

The Maximum Penalty – Driving under the influence of intoxicating liquor or of any drug

According to VIC Law for the charge of Driving under the influence of intoxicating liquor or of any drug,

First offence: 3 months / 25 penalty units
Second offence: 12 months / 120 penalty units
Subsequent offence: 18 months / 180 penalty units

Note: A person who is guilty of an accompanying driver offence is liable to a fine of not more than 5 penalty units.

What the Police must prove according to VIC Law for Driving under the influence of intoxicating liquor or of any drug

(a) The accused was driving or was in charge of the motor vehicle.
(b) The accused was under the influence of intoxicating liquor or any drug, and, as a result was incapable of having proper control of the motor vehicle.

Possible Defences under VIC Law – Driving under the influence of intoxicating liquor or of any drug

(a) Factual dispute.
(b) The breath analysing instrument used was not in proper working order or properly operated (s49(4)).
(c) The drug analysing instrument used was not in proper working order or not properly operated.

In VIC which court will hear the matter – Driving under the influence of intoxicating liquor or of any drug

Magistrates’ Court

Street names Driving under the influence of intoxicating liquor or of any drug

Driving under influence, driving impaired

Notes

If found not guilty of this offence, it is possible to be found guilty of driving or being in charge of a motor vehicle while being impaired by a drug (s49(1(ba))) or driving or being in charge of a motor vehicle while having the prescribed concentration of drugs or more present in blood or oral fluid (s49(1(bb))).

Also see – DUI – Driving under the influence of intoxicating liquor or of any drug.

 

Date: 09/01/2009