Skip to content
  • +61 3 8644 7320
  • Email
  • Phone 7am to 12 Midnight - 7 days
  • Make a Booking
  • 中文
  • Locations
  • Contact
Search
Close
  • +61 3 8644 7320
  • Phone 7am to 12am - 7 days
  • 中文
Search
Close
  • 中文
Search
Close
  • +61 3 8644 7320
  • Phone 7am to Midnight - 7 days

Phone Appointments and Video Conferences Available

IMPORTANT COVID-19 COURT NEWS UPDATE

Dribbin & Brown Criminal Lawyers
  • Legal Services
  • Our Lawyers
  • Criminal Defences
  • The System
  • Sentences
  • Blog
  • Locations
  • Contact
Menu
  • Legal Services
  • Our Lawyers
  • Criminal Defences
  • The System
  • Sentences
  • Blog
  • Locations
  • Contact

s49B Consume Intoxicating Liquor While Driving

Have you been charged with Consume Intoxicating Liquor While Driving? 

It is an offence against the Road Safety Act 1986 (RSA) section 49B to drink alcohol while driving or in charge of a motor vehicle.

This has no always been the case, previously it was legal to drink alcohol whilst driving as long as you were not over the prescribed limit.

So given introduction of this new section being s49B, the old concept of the traveller, that is, drinking a beer on the way home on a Friday afternoon is now a thing of the past.

The police must show that the person driving or in control of a motor vehicle was drinking intoxicating liquor, to do so they must see a driver do so or if they have stopped a driver and see an open container in the vehicle. They may request the driver undertake a preliminary breath test; they are obliged to wait 15 minutes before doing so to allow any residual alcohol to dissipate to get an accurate. If the driver registers below the PCA limit this may give weight to their decision to charge with consuming liquor while driving. If the reading is at or above the PCA the driver may face additional drink driving charges.

Please read below for more information relating to this charge.

The good news in relation to this offence is that it is one of the few drink driving charges that do not attract mandatory licence loss.

The offence

Subsection 49B of the Road Safety Act 1986.

The prosecution must that:

  1. The defendant was driving or in charge of a motor vehicle; and
  2. The defendant was drinking intoxicating liquor.

The penalty

If found guilty of consuming intoxicating liquor while driving the maximum penalty is 10 penalty units.

While licence suspension or disqualification is not mandatory for an offence against s 49B, the court has a general discretion to suspend or cancel a driver’s licence pursuant to section 28 of the RSA.

Where will my case be heard?

Consuming intoxicating liquor while driving cases will be heard will be heard in the Magistrates Court.

Questions to consider

Do you have a defence?

Did you have an open container of alcohol in the car when pulled over by the police?

If you are pleading guilty, what can you do to minimise your sentence?

What to do next?

Although you cannot go to gaol for this offence, you can lose your licence if the magistrate decides to excerise their discretion in favour of licence loss, that is why retaining a lawyer is important to ensure that a magistrate finds in your favour.

 

You should always consider how much it will cost you to be disqualified from driving for a period of months or years if the case does not go well for you.

The police and the courts take driving offences very seriously to avoid severe penalties such as loss of license you need to be represented; Dribbin & Brown Traffic Lawyers are experienced in handling these types of matters. We regularly appear in court to represent people charged with driving offences.

The Legislation

Section 49B Offence to consume intoxicating liquor while driving

(1) A person must not consume intoxicating liquor while the person is driving a motor vehicle or is in charge of a motor vehicle.

Penalty:     10 penalty units.

(2) For the purposes of subsection (1) a person is not taken to be in charge of a motor vehicle unless that person is a person to whom section 3AA(1)(a), (b) or (c) applies.

 

Drink Driving Charges

Road Safety Act 1986

s49(1)(a) DUI (Driving Under the Influence)

s49(1)(b) Exceed the Prescribed Concentration of Alcohol (PCA)

s49(1)(bc) Drive with Prescribed Concentration of Drug and Alcohol

s49(1)(c) Refusing to Undergo a Preliminary Breath Test

s49(1)(d)Refuse or Fail to Comply with a Request or Signal to Stop

s49(1)(e) Refusing to comply with Directions made by Police to Regarding Breath Analysis

s49(1)(f) Exceeding the PCA within 3 Hours of Driving or being in Charge of a Motor Vehicle

s49(1)(g) Exceed the Prescribed Concentration of Alcohol (Blood Analysis) within 3 Hours of Driving or being in Charge of a Motor Vehicle? 

s49(1)(j) ExPCA (Blood Analysis) of alcohol and drugs within 3 Hours of Driving of being in Charge of a Motor Vehicle

s49B Consume Intoxicating Liquor While Driving

s49C Consuming Intoxicating Liquor While Supervising a Learner Driver

s84 Motor Vehicle Impoundment / Forfeiture by Police

s85 Appeal Immediate Licence Suspension

Related Offences

  • View Drug Driving Offences
  • View Driving Offences

Case Studies

Application for rehearing

Dangerous Driving

Drink & Drug Driving Charges

Drink Driving Charges Ringwood Magistrates Court

Drink Driving Offences – Penalties

Driving Charges Without Conviction

Driving Offences – Careless Driving

Driving Offences – Driving Whilst Suspended

Driving Whilst Suspended – Frankston

Impoundment Exceptional Hardship

Licence Restoration

Reckless Conduct Endanger Serious Injury

Our Legal Services

Appeals

Assault Offences

Asset Confiscation

Bail Application

Breach Offences

Centrelink Fraud

Children’s Court

Computer Offences

Council Charges

Drink Driving

Driving Offences

Drug Offences

Family Violence

Firearm Offences

Fraud Offences

Infringement Warrants

Intervention Orders

Murder Trials

Perjury Charges

Pervert the Course of Justice

Royal Commission

RSPCA Offences

Sex Offences

Theft

Traffic Offences

Violence

Weapons

White Collar Crime

  • Law Institute Accredited Specialist Criminal Lawyers
  • Legal Aid enquiries welcome
  • Over 100 years firm experience practising as traffic lawyers and criminal defence lawyers
specialist criminal solicitor warning
Do not ask any firm to act on your behalf in relation to a criminal or traffic law offence unless they specialise in criminal or traffic law.
  • Law Institute Accredited Specialist Criminal Lawyers
  • Legal Aid enquiries welcome
  • Over 100 years firm experience practising as traffic lawyers and criminal defence lawyers
specialist criminal solicitor warning
Do not ask any firm to act on your behalf in relation to a criminal or traffic law offence unless they specialise in criminal or traffic law.

What Our Clients Say

Yvonne and Peter Braithwaite
Thanks for your excellent work for Yvonne last Friday. Your courtesy, empathy and professionalism was greatly appreciated. All the best for the future.
Adrian W
A big thank you Dave. You made it seamless. You are a quality egg and hopefully I'll see you again under different circumstances. All the best!
Michael S
Dear Rebeca, Thank you again for your support and guidance over the past six months, it is my belief that Dribbin and Brown went far beyond there charter when...
Russell P
Dear David and Team I would like to “Thank You” for a job well done. The result, from the trial was truly amazing. I very much appreciated your courtesy, professionalism...
Maria
Many thanks for the wonderful support I received from David Dribbin as he represented me in court today. It was an extremely emotional experience for me and without judgement...
Grant B
I phoned Michael Brown of Dribbin and Brown after total disappointment in another criminal lawyer firm... In my situation that required communication, information and a great deal of understanding,...
Sam B
Thank you for your outstanding service.... A great result for us...
Helen and Lingbo Yang
Thank you for your support and help of Lingbo’s case for these days and everything is going smoothly. The outcome is better than we expected because of your rich...
Haley M
We cannot thank you enough, it still doesn't feel real to us yet as it has caused a lot of strain and stress over a very long period of...
Ross M
Dear Dave, Just a follow up thanks for your professional service & presentation yesterday – very happy with the outcome and the comments from the Magistrate. Thanks again, and...
…
Mike! Jacqui was great! Re my drive whist suspended charge, I held my license with a small fine to be payed in 4 months! Can't thank you enough! Thanks for...

Need help? Call our 7am to Midnight Phone Service on +61 (03) 8644 7320

Dribbin & Brown Criminal Solicitors Melbourne

Facebook-f Twitter

© 2021 Dribbin & Brown

Melbourne – 03 8644 7320
13/200 Queen St
Melbourne Vic 3000

Frankston – 03 8644 7322
8/395-399 Nepean Hwy
Frankston VIC, 3199

Ballarat – 03 8644 7310
Armstrong House
17 Armstrong Street South
Ballarat Central VIC, 3350

Dandenong – 03 8644 7315
1a/147 Foster St
Dandenong, VIC, 3175

Moorabbin – 03 8644 7328
Level 1, 441 South Rd
Moorabbin, Vic, 3189

Geelong – 03 8644 7300
2/13 Fenwick Street
Geelong Vic 3220

Ringwood – 03 8644 7325
7/2 Nelson St
Ringwood VIC 3134

Werribee – (03) 9116 9595
9/7 Bridge Street
Werribee VIC 3030

Dribbin & Brown

  • About Us
  • What We Do
  • The System
  • Criminal Defences
  • Sentences
  • Criminal Lawyers Blog
  • Client Testimonials

Melbourne – 03 8644 7320
13/200 Queen St
Melbourne Vic 3000

Frankston – 03 8644 7322
8/395-399 Nepean Hwy
Frankston VIC, 3199

Ballarat – 03 8644 7310
Armstrong House
17 Armstrong Street South
Ballarat Central VIC, 3350

Dandenong – 03 8644 7315
1a/147 Foster St
Dandenong, VIC, 3175

Moorabbin – 03 8644 7328
Level 1, 441 South Rd
Moorabbin, Vic, 3189

Geelong – 03 8644 7300
2/13 Fenwick Street
Geelong Vic 3220

Ringwood – 03 8644 7325
7/2 Nelson St
Ringwood VIC 3134

Werribee – (03) 9116 9595
9/7 Bridge Street
Werribee VIC 3030

© 2021 Dribbin & Brown

Facebook-f Twitter

Dribbin & Brown

  • About Us
  • What We Do
  • The System
  • Criminal Defences
  • Sentences
  • Criminal Lawyers Blog
  • Client Testimonials

7am to Midnight Phone Service: +61 (03) 8644 7320  Contact Us | Book An Appointment

Privacy Policy | Disclaimer | Traffic Lawyers Melbourne

7am to 12am Phone Service: +61 (03) 8644 7320
Contact Us | Book An Appointment
Privacy Policy | Disclaimer | Traffic Lawyers Melbourne