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English version available in pdf format by clicking here. The brochure is also available in the following languages: Arabic (PDF) | Chinese (PDF) | Vietnamese (PDF)
Is Legal Aid available?
Legal aid is only available for traffic offences if there is a real possibility of a gaol penalty, or there are exceptional circumstances. This is usually not the case if this is the first time you have been charged with a Prescribed Concentration of Alcohol (PCA) offence. However, if it is a high range PCA offence and if it involves aggravating features such as a very high reading and dangerous driving, a gaol penalty is more likely and you may therefore be eligible for legal aid. Similarly, if you have previously been charged with a high range drink driving offence, you face the risk of a gaol penalty and may be eligible for legal aid. You should apply for legal aid before your first court appearance. Speak to the duty solicitor at court.
How should you prepare for court?
Get references and prepare a letter
If you have no prior convictions, you should get written references which say you are of good character. These will impress the Magistrate more if they refer to the current charges. Ask for the Legal Aid information card about Character References.
If you need a driver's licence for work make sure you have a letter from your employer to say what will happen to your job if your licence is suspended for a long time. If you have other reasons for needing a driver's licence
(eg. a disabled child, health problems) make sure you have evidence (ie. doctor's reference) to support this.
Prepare a short letter in your own words to give to the Magistrate. Include any explanation such as any special reason why you were driving.
You should also include: why you were driving after consuming alcohol. an assurance that you will not drink and drive in future. Any particular need you have for a licence e.g. in your employment or for personal reasons.
What should you do at court?
You should not drive to court in case you lose your licence. Bring your licence with you unless the police have already taken it, as the court may require you to surrender it.
When you get to court, find the court officer and tell them that you are unrepresented and that you are pleading guilty.
Check the police fact sheet and certificate
The police will have a fact sheet which says why you were arrested and what you said about how many drinks you had. Make sure you read the fact sheet. Also, check the certificate which states your blood alcohol level and the machine printout from the breath analysis machine to see that they match the time on the police fact sheet. If you disagree with what the police say happened, you may tell the Magistrate when it is your turn to speak.
The police prosecutor should also show you a copy of your previous criminal record if you have one and a copy of your driving history.
Read these documents to make sure they really are yours. You should dispute any incorrect information on your criminal or traffic record.
Listen to other people make their submissions in court
Wait for your name to be called. It can be helpful to sit inside the courtroom and listen to other people presenting guilty pleas to give you a better idea of how to present yours.
When you are called, you can either hand your letter to the Magistrate or read from prepared notes. Be sure you tell the Magistrate: how old you are if you are married or single if you have children and how old they are if you are working, how long you have been working, and what kind of work you do how much money you make each week if you rent or are buying a home and how much you pay each week If you need a licence for work or personal reasons anything else that could help your case such as community work, charity work, study courses.
Give the court your written references, letter from your employer or other supporting documents.
After the court's decision-What can you do?
If there is something you don't understand about the court's decision, ask the Magistrate to explain.
Do not drive while disqualified
You will be disqualified from driving for a period of time. You must hand in your licence. The penalty for driving whilst disqualified is 18 months gaol and/or a $3,300 fine. There is also an automatic minimum disqualification for an additional 12 months.
Remember tp re-apply for your licence
Once the disqualification period is over, you have to re-apply for your licence as you will not get it back automatically.
If you were charged with High Range PCA, your licence should have been taken away on the spot by the police. Ask the Magistrate to start your disqualification period from that date.
If you think you will have trouble paying your fine within 28 days, speak to court staff before you leave about making a 'time to pay' arrangement.
If you do not pay the fine within the time set, the State Debt Recovery Office (SDRO) can impose a range of penalties against you. For more information call the SDRO on 1300 655 805 |
Can you appeal?
You can appeal to the District Court if you are not satisfied with the Magistrate's decision. You should seek legal advice before lodging any appeal. The appeal must be lodged within 28 days and costs $73.
For more information about how to appeal, ask for our information card Reviewing and Appealing Local Court Decisions.
| What are the penalties?* | | 1st Offence | 2nd Offence within 5 years | | Alcohol Level | Max Fine | Automatic Disqualification** | Min
Disqualification | Max gaol | Max Fine | Automatic Disqualification** | Min
Disqualication | Max gaol | | Novice Range (P Plater or learner) 0.00-0.019 | $1,100 | 6mths | 3mths | not applicable | $2,200 | 12mths | 6mths | not applicable | | Special Range (0.02 - 0.049) | $1,100 | 6 mths | 3 mths | not applicable | $2,200 | 12 mths | 6 mths | not applicable | | Low Range (0.05 - 0.079) | $1,100 | 6 mths | 3 mths | not applicable | $2,200 | 12 mths | 6 mths | not applicable | | Middle Range (0.08 - 0.149) | $2,200 | 12 mths | 6 mths | 9 mths | $3,300 | 3yrs | 12 mths | 12mths | | High Range (0.15 +) | $3,300 | 3 yrs | 12 mths | 18 mths | $5,500 | 5 yrs | 2 yrs | 2 yrs |
* penalties from 2004 ** disqualification is automatic in the absence of a specific order by the magistrate
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