Here are the most common questions we get when helping clients through drink driving cases. Got a question about your case? Call us. We can help.
#1. Can I keep my licence even if I plead guilty?
No.
#2. I was caught drink-driving. Can I possibly keep my licence?
Possibly. Many clients walk away from a drink driving charge with their driver’s licence, but this is very much case dependent. You need good legal advice, so call us to see how likely it is you will get to keep your licence.
#3. My ticket says I will lose my licence for 13 months – how do I keep my driver’s licence?
You must defend your case, which you can usually only do successfully with a good lawyer present. You object to the notice, then contact us with court filings.
#4. Can I win my drink-driving case?
Each and every case is winnable, however the degree of difficulty – time, money, emotional energy – will depend on the case, evidence, etc.
#5. I’ve been a really good driver all my life – will the judge consider this and let me keep my licence?
No. The judge does not have any discretion here. If you are convicted and found guilty of drink driving, then you have a mandatory minimum licence revocation period.
#6. Can I do community service or pay a higher fine to keep my licence?
No.
#7. Is there such a thing as a work licence/permit so I can drive to or at work?
This has been removed and is no longer an option.
#8. How do I take my drink-driving case to court?
You need to object to the infringement notice, and then take it to court. This is the only way to save your licence.
#9. Can going to court make my case worse?
This would be unusual. Your loss of licence typically won’t get worse if you take the matter to court, but if you just got demerit points, be cautious – it could result in a worse penalty in court, with loss of licence an option.
#10. How do I win in court?
Get a good lawyer, and have solid evidence. The evidence and paperwork that the police have matters. If you damaged property or person, were uncooperative, or had a blood sample taken, weirdly your chances of winning are higher. It’s hard to know – talk to your lawyer.
#11. I’ve been caught drink-driving before – will this make my case more challenging?
No. Your past driving history has no bearing on this case.
#12. I had a VERY high reading – will this make my case harder to win?
Typically, no. The numbers tell us, in fact, that the higher the reading, the more likely the case is to be acquitted.
#13. My breath test must be wrong – can I challenge the reading?
If you think the breath test is incorrect at the time, you must request a blood test at the scene to help your chances. The reading doesn’t need to be challenged to win a drink driving case. We’ve proved this dozens of times.
#14. Will I have to have an interlock device installed if I’m found guilty?
Likely, but not always. Read more about interlock devices.
#15. How much does a drink driving case cost to fight?
Typically about $4,000 – $6,000, but every case is a bit different. If you win, police pay these costs. If the case doesn’t get very far, the costs can be minimal.