A new offence has been introduced to the Road Safety Act of Drink and Drug Driving. This offence applies to those intercepted with alcohol and drugs in their system while in control of a motor vehicle.
Previously there were issues applying two distinct offences from the same act of driving. The new offence combines both drinking and drugs in the same driving act, as of 1 August 2015.
The Road Safety Act states that a person driving a motor vehicle with a certain amount of alcohol and a certain amount of drugs is guilty of the new offence.
Penalties for drink and drug driving offences
- A first offence may result in a fine up to 30 penalty units.
- For a second offence, where the relevant readings are less than 0.15 grams, you may be fined up to 90 penalty units or imprisoned for up to six months.
- Where second offence readings are above 0.15 grams, there are up to 180 penalty units or prison for up to 12 months.
- Subsequent offences (a third or more) carry penalties of between 180 and 270 penalty units, and between 12 and 18 months in prison, depending on the specific reading.
If you hold a licence or permit, the licence or permit must be cancelled and the offender is disqualified from obtaining a licence in the requisite period set out in the legislation. This happens whether the offender is convicted or found guilty.
Once the period of disqualification has finished, the offender must complete a driver education course before they can apply for a return of their licence, and a mandatory interlock period exists. This may range from six months to four years.
If you are facing drink and/or drug driving charges, it is wise to have excellent defence solicitor on your side, because these laws can be brutal.
Having a serious drink and drug driving charge and conviction can cause havoc in employment, family and relationships – you may not be allowed to drive, you may be put into prison, or have to spend thousands on an interlock device.
If you are involved in a drink or drug driving case, contact Vanessa Ash for a free chat about your circumstances to see if we can help you.
Don’t leave your future to chance. Call Vanessa Ash and Associates today.