Drink Driving

Drink Driving

Many people understand that they have been charged with driving under the influence (DUI) when in fact they have been charged with exceeding the prescribed concentration of alcohol (PCA).

If you are charged with exceeding the prescribed concentration of alcohol (PCA) a number of different consequences may occur. 

Even if you are a first time offender on a full licence and have a reading greater than .05%, then you will face a mandatory loss of licence of at least 3 months.

If your reading is greater than .08% then you are liable to be disqualified from holding or obtaining a drivers licence for at least 6 months.

If your reading is greater than .15% then you face a loss of licence of at least 12 months.

These are minimum penalties only.

You will later receive a summons from the police and when you appear before the Court it can impose a loss of licence far greater than the minimum.

If your offending is combined with other offences, or are aggravated by other means (e.g. an accident or high speed) then you can anticipate receiving an increase from the minimum.

Similarly, if your reading is toward the higher end of a category then you may receive an increase in penalty.  

If you have a prior conviction for a drink driving related offence then the penalties are harsh and in some instances a drivers licence can be cancelled for a minimum period of 3 years or until further order.

Different criteria apply to those who hold provisional or probationary licences or a learners permit. Similarly, different criteria also apply to those carrying passengers such as bus and taxi drivers.

What to do if detected drink driving

It is vital that you try to remember exactly what was said and done while everything is fresh in your mind - makes notes as soon as possible after the event addressed to Rudall & Rudall Lawyers. If you have a witness to the event, ask them to do the same. It is vital that you remember conversations about your blood rights as these details may become important. Keep all of your documentation and bring it to your appointment with us. Sometimes an error on the paperwork provided to you can result in you being found not guilty.

On the spot disqualification notice

It is common for you to receive an on the spot disqualification if detected for many drink driving offences. If you have reasonable prospects of successfully defending the charge or having the penalty reduced, then we can make an application to the court to have the disqualification set aside until your matter has been properly considered and heard in court.

How we can assist you

Drink driving laws are complex and technical - we can determine whether the police will be able to prove their case against you. We are able to advise you on the best way to deal with your case and whether or not you should enter a plea of guilty. In some cases the defence of "trifling" may be available and in other cases a technical defence may be available. If you do plea guilty, we can assist you in presenting your personal situation to the Court to reduce the period of disqualification that you may otherwise receive. 

Contact Us

Call us on 08 8523 8400 or email us at legal@rudalls.com.au if you have been charged with a drink driving offence and require our representation.

Call us on 08 8523 8400