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Drink driving and Section 85 Notices of immediate suspension
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When can a Drink Driving Offence Occur ?
A drink driving offence occurs when someone drives a motor vehicle with more than the prescribed legal amount of alcohol in their breath.
The legal limit of Blood Alcohol Content (‘BAC’) for most fully licensed drivers in Victoria is 0.05%, meaning that one can legally drive with a BAC of less than 0.05%.
For drivers on probationary license and learners permits, the BAC limit is zero.
Section 85 Notice of Immediate Suspension:
In certain drink driving Police can issue a Section 85 Notice of Immediate Suspension. The effect of this is that someone’s driver’s license is immediately suspended, even before the matter reaches court.
Section 85 suspensions are often imposed in ‘high-range’ drink driving cases, such as when someone has a blood alcohol reading of .10 or higher. They can also be imposed in drug driving cases and certain excessive speeding cases.
It is possible to appeal Section 85 suspensions and have your driver’s license reinstated whilst the charge is yet to be dealt with by a court.
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