Australia has strict drink driving laws, and many get caught out. If you have been involved in a drink-driving offence, you may have more leeway than you think, so call us to find out what your rights are.
Driving under the influence of drugs (legal or prescription) or alcohol can result in a loss of licence or prison, depending on the severity of the offending, and any adverse outcomes for innocent parties, such as accidents or injury.
The first thing that needs to be determined is the risk of prison – the loss of your licence is very different to six or 12 months prison. Legal advice is very important at this early stage to help circumvent any adverse events. Prior convictions can mean worse outcomes generally and you may need someone in your corner.
Defence of a drink driving charge
This isn’t a case of pleading guilty then getting your licence back, but every driver has a chance of keeping their licence with a good defence. Typically, a drink driver’s first offence, if they are under 0.15 per cent breath alcohol, will get a traffic infringement notice, but it’s increasingly likely that you will be served with a charge and summons to appear in court. In the instance that your driver’s licence is cancelled, you will need to go to court to get a new licence and possibly have an interlock condition imposed on your licence.
You will need to challenge the charge using a lawyer if you want to keep your licence or avoid an interlock. The chance of success in your case is not related to how high the reading was, prior offences, or personal circumstances, but could hinge on having a good lawyer defending you. The laws are strict, which means getting good advice early on is necessary if you want to have any chance of keeping your licence.
Things to know about drink driving charges
- Anyone with a reading over 0.7 per cent must win in court to keep their licence
- Second offenders must win in court to keep their licence
- Anyone receiving an immediate suspension of their driver’s licence can appeal the suspension pending the court hearing
- Pleading guilty is a last resort
- If a guilty plea is required, Vanessa Ash aims to keep licence loss periods, fines and jail terms lower
Write your own story. Call Vanessa Ash and Associates today.