7 Drink Driving Myths Every Driver Should be Aware of!

We all know it’s illegal to drink and drive, however as reputable drink driving lawyers, we know that there is so much grey area surrounding drink driving offences that it’s difficult for the public to determine fact from fiction. After having a few drinks, the last thing you want is to believe a myth you were told once!

Drinking and driving offences may have significant consequences, so it’s better to stay away from them at all costs. So, to ensure better public knowledge, as skilled DUI lawyers Parramatta we’ve compiled the seven most common drink driving misconceptions in the hopes that you’ll avoid falling into the same traps as we have seen so many others do.

Myth One: You Can Stay Under the 0.05 BAC Limit by Drinking One Drink Per Hour

Unfortunately, this myth could not be further from the truth. The pace at which your body absorbs alcohol varies substantially based on various circumstances. Including whether you’ve eaten, your body weight, how often you drink, whether you have any medical issues, your age, and your sex as females usually take longer to metabolise alcohol than guys.

A regular alcoholic drink contains 10 grams of alcohol, and many individuals do not measure how much alcohol is in their beverages when they drink. So many people mistake merely having “one drink” without realising how much alcohol is in it. In most pre-mixed drinks, there will be more than one standard drink. So, it’s highly dangerous to determine whether or not you’re fit to drive simply on how many drinks you’ve had, instead make other plans.

Myth Two: You Cannot Be Charged if You Are in Your Driveway

This is a frequent misunderstanding that many Australians think to be true, and it derives from New South Wales regulations. The “home safe” rule in New South Wales prohibits police from administering an alcohol breath test when you are at home; however, this regulation does not apply everywhere in Australia. You can still be prosecuted in other states with driving under the influence if you:

• Have no power in the car.
• You’ve parked in your driveway, a public lot, or by the side of the road.
• You’re on a pushbike or motorcycle.
• You’re on your private property.
• You’re not even in the driver’s seat; you’re in the rear seat or passenger seat with the keys in the ignition.

Just because you were in your driveway at the time of the crime does not imply you are immune from prosecution. You must be informed of the legislation in your individual state or region because they differ from state to state.

Myth Three: The Next Day, You Are Safe to Drive

As trustworthy drink driving lawyers, many of our clients fall into the trap of driving the morning after a night of drinking, assuming that they are free of alcohol. Unfortunately, this may not be the case, depending on how much alcohol you had the night before.

As previously stated, blood-alcohol concentration is the difference between how much alcohol you put into your system and how much alcohol your body processes out. For example, your blood alcohol level will rise if you consume alcohol quicker than your body can metabolise it. Your blood-alcohol content will drop at a steady rate once you quit drinking.

There are no other options for lowering your blood alcohol level. Showering in cold water, drinking black coffee, drinking water, eating fatty meals, taking Berocca, sleeping, or vomiting up will not lower your blood alcohol level.

As a result, if you’ve had a lot to drink, your body might not have gotten all the alcohol out of your system by the time you wake up. So the fact that the effects of alcohol might be misinterpreted for a hangover makes this particularly risky. It’s worth noting that being unsure if you’re above the legal limit for driving isn’t a defence a DUI lawyers Parramatta can use.

Myth Four: You Can Sleep Off the Alcohol in Your Car

Drink-driving offences aren’t confined to public roads, and you may commit a crime anyplace your car is. Furthermore, as previously stated, an alcohol-related offence does not need you to be driving a car. While above the legal alcohol limit, you can also be charged with “attempting to set in motion” or “in command” of an automobile.

If the authorities discover you sleeping in your car while under the influence of alcohol, you will most likely be charged with being “in charge” of the vehicle while over the legal limit. There is no clear meaning of “in command” of a vehicle in the statute; nevertheless, case law does establish such a concept.

Myth Five: For a First Offence, Everyone Receives a Section 10

This is entirely false, and it is perhaps the most dangerous drunk driving myth out there. The penalty for different types of drunk driving offences vary. The maximum penalty for driving with a medium-range or high range PCA is a whole year in prison.

In NSW, there are additional Guideline Judgments; for example, one guideline states that section 10s will be highly unusual for high-range drink-driving offences. It doesn’t matter whether it’s your first offence.

Unfortunately, because of this common misunderstanding about drunk driving, many people end up defending themselves in court. As a result, many individuals feel they will be given a slap on the wrist. It nearly always results in a poorer outcome if you are underprepared and do not seek traffic infringement lawyers Sydney help.

Myth Six: I Won’t Be Charged If I Decline the Alcohol Test

This is also untrue. Refusing a breath test on the side of the road or a breath analysis at a police station typically results in a separate charge, as it is a criminal offence to refuse a breath test.

You can receive a maximum punishment of 18 months in jail for a first offence. If you are convicted a second time, your sentence will be increased to two years. However, as experienced criminal defence lawyers Sydney, we often see how refusing a breath test leads the court to consider other parts of your behaviour, such as acting irrationally, rudely, or obstinately simply exacerbating the situation.

Myth Seven: I Have to Plead Guilty to Drink Driving

Despite all the myths surrounding drunk driving, you do not have to plead guilty as there are other techniques to defend yourself against a charge:

• The breath sample may not be accepted if the police do not finish the test within two hours.
• If your reading has increased between driving and passing the test, drink driving lawyers can seek a report on this and request that the charges be reduced or dropped.
• If the cops can’t establish you were driving in the allotted period, you’ll be arrested.
• If you were to be breathalysed by authorities at your residence.

You should seek DUI lawyers Parramatta guidance before registering a not guilty plea. If you file a not guilty plea, the discount you get for entering an early guilty plea will be reduced.

Fighting Against DUI Charges

If you’ve been charged with a DUI, it can have a significant impact on your life. License suspensions, fines, community service, and even jail time are all possible penalties. However, it’s critical not to believe the urban legends and misunderstandings regarding drunk driving.

Instead, speak with DUI lawyers Parramatta familiar with traffic laws and specialises in representing clients accused of drunk driving.

When searching for a reputable traffic infringement lawyers Sydney, to defend your drink driving offences case, you must find a drink driving lawyer with both experience and a high success rate in helping their clients achieve positive outcomes.

Whether you are facing drink driving penalties, a speeding offence or any other type of driving offence, experience in the field of traffic law is imperative in providing you with the best possible defence.

Essere is outstanding driving offence Lawyers. They understand the strain driving offence cases have on their clients and families alike and provide sympathetic, non-judgemental expert advice and support to their clients. With offices in Sydney and Parramatta, conveniently located near both the local and district courts, they will make the process of your legal defence transparent and manageable.

Having defended more than 3,800 cases and with a success rate of over 90%, Essere Driving Offence Lawyers in Sydney & Parramatta, provide their clients with informed legal advice and flexible payment terms. If you have been charged with a driving offence, please contact Essere on (02) 9283 3033 for your first Consultation.