Charged with Drink Driving?
There are a number of offences you might be charged with which are commonly called “drink driving” that require the Prosecution to prove different things. Defending drink driving charges is usually done on the basis of establishing the Police did not comply with the law when intercepting and testing you, or the Prosecution failed to prove all the things they need to in Court. Challenging your breath test reading is very difficult.
The penalties only get tougher and tougher for drink driving, drug driving and traffic offences in general. The following table sets out the current minimum loss of licence for drink driving offences. You should also keep in mind that you will be fined and in some cases can be sent to prison for drink driving, especially if you have a bad history of drink driving.
If you think that you might have reduced your loss of licence by refusing a breath test – think again. The offence of refusing a breath test carries the same penalties as blowing .24.
If you are older than 26 years when you offend and have a full licence, it is possible to avoid the 6 month suspension if it is your first offence and a Magistrate does not convict you. It is also possible that the Police will issue you with a Traffic Infringement Notice for such an offene that carries 10 demerit points and a fine.
The only way to avoid the mandatory loss of licence set out below is to successfully defend the charge. If you want to consider that, you should see an experienced drink driving lawyer.