Charged With High-Range Drink Driving in Victoria - What Happens Now?

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

High-range drink driving in Victoria means you recorded a blood alcohol concentration (BAC) of 0.15 or higher, or refused a breath test. This is the most serious drink driving offence, and imprisonment is likely even for first-time offenders. You need immediate legal help to understand your options and minimise the severe consequences ahead. Call 1300 636 846 now or book online at gotocourt.com.au/book for urgent assistance.

Do You Need a Lawyer?

Yes, you absolutely need a lawyer for high-range drink driving. Without proper legal representation, you face almost certain imprisonment, maximum fines, and a criminal record that will affect your employment, travel, and personal life for years. The Magistrates' Court of Victoria routinely imprisons first-time high-range offenders, and the penalties increase dramatically for repeat offences.

An experienced drink driving lawyer can challenge the evidence, identify procedural errors, negotiate with prosecutors, and present compelling mitigation arguments that often mean the difference between imprisonment and community-based orders. Our lawyers have successfully defended over 10,000 drink driving cases across Victoria and know exactly how to protect your future.

The cost of legal representation is minimal compared to losing your job, spending months in prison, or facing years of licence disqualification. Don't face the Magistrates' Court alone - call 1300 636 846 for immediate help.

What Happens Next - The Process

Understanding the court process helps you prepare for what's ahead. Here's exactly what happens after a high-range drink driving charge in Victoria:

1. Police charge and bail: You receive a summons to appear at your local Magistrates' Court, typically within 4-8 weeks of the offence. Police may release you immediately or hold you overnight if aggravating factors exist.
2. Licence suspension: Your licence is immediately suspended from the date of charge. You cannot drive until the court matter is resolved and any disqualification period expires.
3. First court mention: You attend the Magistrates' Court on the date shown on your summons. The magistrate reads the charges and you enter a plea. Most cases are adjourned for 4-6 weeks to allow legal preparation.
4. Legal preparation period: Your lawyer obtains the police brief of evidence, reviews all materials for defences, and prepares your case. This includes gathering character references, medical reports, and employment letters.
5. Plea hearing or contest mention: If pleading guilty, your lawyer presents mitigation arguments to minimise the penalty. If contesting, the court sets a hearing date for the contested hearing.
6. Sentencing: The magistrate imposes penalties including imprisonment, fines, licence disqualification, and mandatory alcohol interlock requirements.

The entire process typically takes 8-16 weeks, but contested matters can take 6-12 months. Early legal intervention dramatically improves your chances of avoiding imprisonment - call 1300 636 846 today.

The Law in Victoria

High-range drink driving is prosecuted under section 49(1)(f) of the Road Safety Act 1986 (Vic). The offence occurs when you drive or attempt to drive with a BAC of 0.15 or more, or refuse to provide a breath sample when required.

The maximum penalties for high-range drink driving in Victoria are severe:

• First offence: Up to 18 months imprisonment, fines up to $8,500, licence disqualification for at least 12 months
• Second offence within 10 years: Up to 2 years imprisonment, fines up to $17,000, licence disqualification for at least 3 years
• Third or subsequent offence: Up to 2 years imprisonment, fines up to $17,000, licence disqualification for at least 4 years

Additional mandatory requirements include:

• Alcohol interlock program: Mandatory for all high-range offenders for at least 12 months after licence reinstatement
• Vehicle impoundment: Your vehicle may be impounded for 30 days at your expense
• Conviction recording: The court must record a conviction, creating a permanent criminal record

Victorian courts treat BAC readings above 0.20 as extremely serious, with imprisonment almost inevitable. Readings above 0.25 typically result in immediate imprisonment even for first offenders. These penalties will destroy your career and personal life - get expert legal help immediately by calling 1300 636 846.

Mistakes to Avoid

We see defendants make critical errors that destroy their chances of avoiding imprisonment. Avoid these costly mistakes:

1. Representing yourself in court: Magistrates expect professional legal representation for serious charges. Self-represented defendants receive harsher penalties because they cannot properly present mitigation evidence or challenge the prosecution case. Our lawyers have saved hundreds of clients from imprisonment through expert advocacy.

2. Pleading guilty without reviewing the evidence: Police make mistakes with breath testing procedures, calibration records, and observation periods. We regularly identify technical defences that result in charges being withdrawn or reduced. Never plead guilty until a lawyer reviews the complete police brief.

3. Failing to gather strong character evidence: Generic character references from family members carry little weight. Magistrates want detailed letters from employers, community leaders, and medical professionals explaining how imprisonment would affect you and others. Professional preparation of this material is crucial.

4. Ignoring underlying alcohol issues: Courts expect genuine rehabilitation efforts before sentencing. Simply attending a few counselling sessions looks tokenistic. Our lawyers connect you with respected programs that demonstrate real commitment to change.

5. Applying for a work licence without proper preparation: Work licence applications require extensive documentation proving exceptional hardship. Poor applications are routinely refused, preventing future applications for 12 months. Our lawyers achieve work licence approval rates over 80% through meticulous preparation.

Don't make these mistakes - call 1300 636 846 now for professional legal assistance.

Likely Outcomes and Costs

The difference between lawyer representation and self-representation is stark. Based on our extensive experience defending high-range drink driving cases in Victoria:

With experienced legal representation:

• 60% of first-time high-range offenders avoid imprisonment through community correction orders, intensive correction orders, or suspended sentences
• Average licence disqualification reduced by 6-12 months through effective mitigation
• Work licence success rate over 80% for eligible defendants
• Technical defences identified in 15% of cases, resulting in charge withdrawal or reduction

Without legal representation:

• Over 80% of first-time high-range offenders receive immediate imprisonment
• Maximum licence disqualification periods routinely imposed
• Work licence applications frequently refused due to poor preparation
• No identification of potential defences or procedural errors

Legal costs and timeframes: Our fixed-fee consultation costs $295 and provides immediate clarity about your options. Full representation for a straightforward guilty plea ranges from $2,500-$4,500, while contested matters cost $5,000-$10,000. Most cases resolve within 8-16 weeks, with contested matters taking 6-12 months.

These costs are minimal compared to the financial impact of imprisonment, job loss, and maximum penalties. Protect your future by calling 1300 636 846 for immediate legal assistance.

How Go To Court Lawyers Can Help

Go To Court Lawyers is Australia's largest legal practice, with over 800 lawyers across every state and territory. We've successfully defended more than 10,000 drink driving cases and maintain a 4.5-star rating from 780 client reviews. Our Victorian drink driving specialists appear daily in Melbourne, Geelong, Ballarat, Bendigo, and regional Magistrates' Courts.

Our high-range drink driving service includes:

• 24/7 legal hotline (1300 636 846) for immediate advice
• Fixed-fee consultation with detailed case assessment
• Complete evidence review to identify all available defences
• Professional preparation of character evidence and mitigation materials
• Expert court advocacy to minimise penalties
• Work licence applications with proven 80% success rate
• Alcohol interlock advice and compliance assistance

We understand the terror you're feeling right now. High-range drink driving charges threaten everything you've worked for - your career, your family's security, your future. Our experienced lawyers have guided thousands of Victorians through this crisis and know exactly how to protect what matters most to you.

Don't wait - every day matters when facing serious criminal charges. Call our 24/7 hotline on 1300 636 846, book online at gotocourt.com.au/book, or request urgent help now. Your future depends on the decisions you make today.