This is one of the first questions people ask us, and the honest answer is: it depends entirely on the facts of your case, and the decision is yours to make. No one can properly answer it for you without reading your charge and the evidence. This page explains what each path involves so you can make an informed decision.
The decision is yours
You have the right to plead guilty or not guilty. A lawyer’s job is to explain your options and the likely consequences of each — not to make the choice for you or pressure you either way. Whatever you decide, you’re entitled to advice first.
What an early guilty plea can mean
If you accept that you committed the offence, pleading guilty — and doing so early — is something the court takes into account at sentence. An early plea is generally treated as a sign of taking responsibility, and courts routinely give it weight when deciding the penalty. It also means your matter is usually finished sooner, rather than being adjourned for a hearing.
Pleading guilty doesn’t mean simply accepting whatever penalty is proposed. There’s still a great deal to be done: presenting your circumstances, your traffic history, any steps you’ve taken (such as a traffic offender program), and arguing for the penalty and disqualification to sit at the appropriate end of the range. That work is where representation makes a practical difference.
When a not guilty plea may be appropriate
Sometimes there are genuine reasons to plead not guilty. These are fact-specific and are not available in most cases — but they do arise, and you shouldn’t dismiss them without advice. They can include:
- Whether you were actually driving or in charge of the vehicle.
- Identification — whether the police have correctly identified you as the driver.
- Whether the breath or blood testing and the surrounding procedure were carried out correctly is a very complex area — whether anything in it affects your case can only properly be assessed by a lawyer reading your QP9 and the evidence.
Whether any of these applies to you can only be assessed by someone reading the QP9 (the police summary) and the evidence. Here’s what a QP9 is and why it matters. Every case turns on its own facts.
What happens on each path
- If you plead guilty: your matter can often be dealt with on the first date, or shortly after once your material is prepared. You’re sentenced, and you leave knowing your disqualification and any fine. Here’s what happens at your first court date.
- If you plead not guilty: the matter is adjourned, the prosecution provides its brief of evidence, and the case proceeds towards a hearing where the evidence is tested. This takes longer and involves more steps.
How to decide
The right plea depends on what actually happened, what the evidence shows, and your own circumstances. Before you decide, it’s worth having someone read your QP9 and give you a straight assessment of both options. That’s a conversation, not a commitment.
One thing to consider at the same time: if you are eligible for a work licence — available for low or mid range drink driving, or driving with a relevant drug present — the application must be made before you are sentenced. That means the plea decision and the work licence question need to be considered together, not one after the other. If you’re not sure which application applies to you, see work licence vs special hardship order.
Talk it through first
Call us on 1300 952 255, 7am–7pm, seven days. We’ll read your charge, explain both paths honestly, and let you make the decision that’s right for you. We run drink driving matters on a fixed fee of $2,750. See our drink driving page for more.
Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your
exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our drink driving page.