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ARTICLE · 13 DECEMBER 2022

Dealing with drink driving? Your legal options

Discusses the 2 options available in court for you when you are charged with drink driving.

AustraliaCriminal Law

If you Police find you drink driving with a blood alcohol reading over the prescribed concentration of alcohol (PCA) limits, they'll generally issue you with a penalty notice, or a Court Attendance Notice. These have a date to attend the Local Court. Police may also immediately suspend your licence until your court date.

When police charge you with drink driving, there are two options available in Court:

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Pleading 'not guilty'

If you plead not guilty, the court will set down a date for Hearing. At the Hearing, the Magistrate will consider evidence from you and the prosecution to determine the case. The Court will then deliver a verdict of 'guilty' or 'not guilty'.

If you are found 'not guilty', your charge is dismissed and your matter is concluded. You will not have a licence disqualification, criminal record, or fine. If your licence was suspended at the time you were charged, you can resume driving.

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