Drink Driving
Drink Driving Charges
It is important to get the right advice about you matter. This will involve exploring whether or not you have a possible defence to your charges. The Drink Drive legislation is set out in Section 49(1) of the Road Safety Act 1986. If you are found guilty or plead guilty to a drink driving offence, the penalties vary depending on a range of factors.
What to Expect?
The potential licence loss is referrable to your alleged reading. If you are a full licence holder and your matter is dealt with before a Magistrate, the starting point is 6 months cancellation for an alleged reading of between 0.05 and 0.099. For an alleged reading from 0.1 onwards, the minimum cancellation periods will reflect the reading. So, for example, 0.1 will be 10 months, 0.11 will be 11 months, 0.12 will be 12 months, 0.13 will be 13 months and so on. Under the Road Safety Act, this scale goes to a maximum alleged reading of 0.24 (which is 24 months cancellation).
The penalties will vary considerably depending on whether or not you have a prior history of similar offending within the previous 10 years. Similarly, the outcome will usually take into consideration whether or not your offending is aggravated by other factors such as an accident, major interference with other traffic, a police chase or leaving the scene of a traffic accident.
The cancellation periods listed in Schedule 1 of the Road Safety Act 1986 are minimum periods. The minimum periods will double if you have a previous matter under any paragraph of section 49(1) of the Road Safety Act within the previous 10 years.
For example, if you’ve received a charge and summons, or a traffic infringement notice for a drink or drug drive offence within the previous 10 years, your minimum licence loss for your present offence will double. Please feel free to contact me to discuss this. The 10-year rule (which is set out in Section 50AA of the Road Safety Act) can sometimes be confusing to interpret.
Infringement Notice for Drink Driving where the alleged reading is between 0.05 and 0.07
Under 89C(2) of the Road Safety Act, if the alleged reading is between 0.05 or more but less than 0.07 and, an infringement notice has been issued (rather than a Court date) and no objection has been taken to the infringement notice and at the time of the infringement the driver was 26 years of age or older and not subject to a 0.00 alcohol limit, then the minimum time that the person is disqualified from obtaining a licence or permit is 3 months.
If, however, a person objects to an infringement notice (in the above circumstances) and refers the matter to Court, the minimum licence loss imposed by a Magistrate will double from 3 months to 6 months. It’s important to get the right advice before referring your matter to Court in these circumstances.
0.00 limit for drivers with a Learner Permit or Probationary Licence
If you are subject to a 0.00 condition on your licence (for example, you may be on your learner permit or have a probationary licence), the minimum cancellation period for a first offence (below 0.05) is 3 months. The cancellation for a subsequent offence (below 0.05) is a minimum of 12 months – See Schedule 1 of the Road Safety Act 1986.
Driving under the Influence of alcohol or drugs
The offence of driving under the influence of alcohol or drugs is one of the most serious offences under section 49(1). The specific offence is as follows:
Section 49(1)(a) Road Safety Act – A person is guilty of an offence if he or she-
- Drives a motor vehicle or is in charge of a motor vehicle while under the influence of intoxicating liquor or of any drug to such an extent as to be incapable of having proper control of the motor vehicle;
The penalty for driving under the influence is punishable (for a first offence) to a fine of not more than 25 penalty units or to imprisonment for a term of not more than three months. In addition, the minimum period of cancellation is 24 months. This offence will often be charged alongside the drink driving offences set out in Section 49(1)(b) and 49(1)(f) of the Road Safety Act 1986. It is very important to get the right advice before pleading guilty to any drink driving related offence. The right advice could potentially save your licence or drastically reduce your time off the road.
The most common offences charged under Section 49 (1) of the Road Safety Act 1986 are as follows:
- Drink driving
- Driving under the influence of intoxicating liquor or drugs
- Drug driving
- Driving while impaired by a drug
- Drink and drug driving
It is important that your case is carefully prepared so as to minimise the potential impact on you and your livelihood. It is best to get advice early in order to maximise your chances of a positive outcome.
Let's Have A Confidential Chat
It is my job to minimise your licence loss
Whatever the reason that you find yourself charged with an offence, it’s important to get advice from someone who understands the complexities, the process and the law.
In preparation for your Court appearance, I will meet with you personally, listen to your story, analyse the facts and provide advice. I will also discuss with you some actions and activities that you can undertake to address the underlying issues that may have played a part in your offending. In essence, the more positive steps that you take prior to your court appearance, the greater the likelihood of a favourable Court outcome.
