NEWS
What to do if you get caught drink driving
If you have been caught drink driving, you need to know the implications of your charge and the penalties you may face if convicted. You must also know that all charges involving drink driving will require defending these charges in court.
What Is The Penalty For Drink Driving In Australia?
Penalties for drink driving in Australia vary based on the severity of the offense. They range from fines and licence suspensions to imprisonment, especially for repeat offenders or high-range offences.
The very first thing you should do if charged with any drink driving offences is to seek professional legal advice from specialised Drink Driving Lawyers. This can ensure you receive the best representation and opportunities for a more favorable outcome.
There are three ranges of Drink Driving offences:
- Low-Range Drink Driving: requires a person’s blood alcohol level to be 0.05-0.079. Low-range offenders will lose their licence on the spot and be required not to drive on NSW roads for three months, along with receiving a $561 infringement penalty.
- Mid-Range Drink Driving: involves a blood alcohol level of 0.08-0.149. Mid-range offenders will lose their licence on the spot for six months and may receive a $1,100 infringement penalty.
- High-Range Drink Driving: is when the blood alcohol level is 0.15 or higher. High-range offenders will lose their license for 12 months and may face a $2,200 infringement penalty.
Please note the above penalties are for first-time offenders and do not include novice range drivers. Click here to see the full range of drink driving offences or drink driving penalties.
Can You Go To Jail For A DUI In Australia?
Yes, for severe or repeated drink driving offenses, imprisonment is a potential penalty. This is particularly true for high-range offences or if the offence results in an accident causing injury or death.
How Long Does A Drink Driving Conviction Stay On My Record In Australia?
In most Australian states, a drink driving conviction will stay on your record for at least five years. However, the duration can vary depending on the severity of the offence and state laws.
What Should You Do If You Have Been Caught Drink Driving?
- Immediately stop driving
- Contact a specialised Drink Driving Defence Lawyer
- Understand your rights and the charges against you
- Develop a defence strategy with your lawyer
The outcome of your case can depend on whether the charges are first-time offences and the severity of the offence. Drink driving charges are taken very seriously, and defendants must be prepared for court.
Once your Drink Driving Lawyers have outlined your rights and charges against you, they will evaluate the brief of evidence and may require supporting documents for your defense, such as character witness testimonies. These documents can be crucial, especially when seeking a Section 10 dismissal, where the court finds guilt but does not record a criminal conviction.
Your character also plays a pivotal role in whether you receive a Section 10 for a NSW Drink Driving charge. A Section 10 Drink Driving Charge refers to the 1999 Sentencing Procedure Act, which allows the court to use it’s discretion in finding a verdict of guilty, but not recording a criminal conviction. The magistrate will look at your age and character, they will also evaluate if the offence was of a true nature, along with other traffic history and even mental conditions.
Reach Out To The Defenders Today!
Do not underestimate the effectiveness of a specialised Drink Driving Lawyer for your case. Benjamin Leonardo DUI Lawyers, with offices in Parramatta and Sydney, understand the strain of these cases on their clients and provide sympathetic, non-judgmental advice and support. With a success rate of over 90% in more than 3,800 cases, they offer informed legal advice and flexible payment terms. If you have been charged with a drink driving offense, contact Benjamin Leonardo on (02) 9283 3033 for your First Consultation.