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NEWS > WINTER 2003
Tougher drink driving laws
Reducing the road toll remains a constant item on the government's agenda. Statistics revealing that drink drivers cause one in four driver fatalities on Victorian roads continue to push new initiatives aimed at those who drink and drive. The government's 'Arrive alive!' campaign has ushered in some tougher new penalties for drink driving and related offences. You need to be aware of these changes.
Over the last two years, legislative amendments in road safety have resulted in progressively tougher measures in road laws and sentencing. Automatic licence suspension, the introduction of alcohol interlocking devices and the imposition of higher demerit point penalties for certain offences make it very costly if you are caught committing a drink driving offence, especially if you are a repeat offender.
These tougher penalties go someway towards explaining the increase in the propensity of drivers to contest charges laid (e.g. disputing police procedures, challenging the accuracy of BAC readings) with some drivers needing to defend the charges because of the severe consequences of losing a drivers licence for prolonged periods.
Recent amendments introduced under the Road Safety (Amendment) Act 2001 (Vic) have introduced the following penalty changes.
Immediate Licence Suspension
Court discretion in suspending licences has been eroded in favour of on-the-spot licence suspension for some more serious drink driving offences. Repeat offenders or first offenders with a blood alcohol content (BAC) of 0.15 or more will lose their licences on the spot. Similarly, probationary or learner drivers with a BAC of 0.07 or more will face automatic licence suspension. Automatic licence suspension also applies for drivers who fail to undergo a breath test or fail to stop at a breath testing station (s49(1)). Licence suspension continues to operate until the case is brought to court. In these cases, a Magistrate will take into account the commencement date of the suspension and backdate the disqualification period from the time the licence is suspended.
Licence Cancellation
Drink drivers with readings of 0.07 or above must have their licence cancelled irrespective of whether they have been issued with a traffic infringement notice (s89(c)(1)) or a summons to appear in court (s51(1A)&(1B)). Drink drivers with alcohol readings of 0.05 or 0.06 may retain their licences subject to incurring 10 demerit points (s25(2A)) and a fine.
Alcohol Interlock Conditions
The Road Safety (Alcohol Interlocks) Act 2001 (Vic), which became operational in May 2002, introduced 'alcohol interlocking' devices. The device analyses breath samples and prevents a vehicle from being started if it detects alcohol on the driver's breath.
The court is given both mandatory and discretionary powers in relation to imposing the interlock condition. The condition requires that certain drivers who have been disqualified from driving will only be granted a driver's licence on the condition that they are only permitted to drive a motor vehicle fitted with an alcohol interlock device. Alcohol interlock conditions are mandatory for first offenders with a BAC of .15 per cent or more, and for most repeat offenders. They will also apply to drivers found guilty of manslaughter or causing serious injury arising out of the driving of a motor vehicle or drivers charged with culpable driving while under the influence of alcohol. Alcohol interlocking devices remain fitted to vehicles for periods of at least six months and can only be removed by application to the court.
Increased Demerit Points
The loss of 10 demerit points will apply to drink drivers caught with a BAC of 0.05 or 0.06 in lieu of automatic licence cancellation. Demerit points have also been introduced for certain existing offences that previously only attracted a fine. Using a hand-held mobile phone while driving attracts 3 demerit points, driving with an obscured or improperly displayed number plate also attracts 3 demerit points and disobeying traffic lane arrows at intersections attracts 2 demerit points. Considering that every driver has a limit of only 12 demerit points for any three-year period before a licence is cancelled, these offences can prove very costly, especially if caught repeating them.
The government's tough legislative reform in the area of road safety continues to keep the social menace of drink driving in the spotlight and just might make the short drive home from the pub less of an option.
Disclaimer:
The information in this newsletter is not intended to be a complete statement of the law relating to the issues raised. Accordingly, no person should rely on this information without first obtaining specific advice from Sam Marash of our office. | 
