VIC Drink Driving - Will It Affect Permanent Residency Application?

[addy]

My brother was caught in drink driving. He was having a BAC more than the prescribed limit, even after the 3 hours breath test. As a result, my brother went to court and was given a fine of 500$ by the magistrate and drivers licence suspension of 6 months.

My questions are,

1. is drink driving a crime?
2. Will this drink driving case stop my brother from filing Australian Permanent Residency? My brother was given a fine which he paid and his drivers licence suspension time have been completed, and apart from this drink driving, his records are all clear.

Please guide me in this matter. How can I find out if everything is finished after paying a fine or if it will always remain on my brother's record and he will not be able to file for an Australian Permanent Residency?

 

[Therese]

Hi addy,

Drink driving is considered a crime as it breaches a law.

My understanding is that your brother's recent traffic offences would be included on his criminal record. When an application is lodged for permanent residency the applicant's criminal record will be checked and it may affect the assessment of his good character.

This Department of Immigration link has the information you should consider, see Character and police certificate requirements.

I would suggest contacting a legal aid centre or a legal professional to receive further information with pursuing the visa application see Get Connected with the Right Lawyer for You.

 

[addy]

Hi Therese

Thank you for your response.

As my brother has been in Australia for several years and this incident took place 2 years ago. Since that time, my brother has maintained a good character and have not been involved in any criminal or law breaking activities. In fact, he has quit his drinking habit.

Will all these good attributes (and since it's a long time since conviction) lead to a positive path for my brother in obtaining a police clearance or will he never ever be able to get a police clearance certificate?

Thanks.

 

[Piers Blomfield]

It only affects your PR if he receives 12 months or more full time custody. It will come up on a Federal Police check.

 

[Clancy]

I don't know? I suspect the authorities are far more interested in the stick they wack you with for bad behaviour than giving you any carrots for good behaviour?