Driving while under the influence of drink or drugs is an offence in every state of Australia. The legal limit is set at 0.05 blood alcohol concentration (BAC) for license holders and learners and probationary license holders must have a 0.00 BAC.
What Factors Conclude the Severity of a Penalty?
All sorts of variables can impact how long a court gives as a penalty to a drink driver. This can be a real problem for someone who relies on their car for work or essential daily activities. Emerson Law will thoroughly examine each one to build up the best defence for their clients.
- Level of intoxication found in drivers blood
- Type of driving exhibited
- Distance the vehicle was being driven
- Nature and extent of drivers history e.g.; previous record?
How Will a Lawyer Defend a Drink Driving Client?
An Emerson Law lawyer will look at every angle of the case to determine any flaws in the police report. Maybe you have a drink driving charge on your record in the last five years, but the police didn’t handle the case in accordance to the law. A prior case on record would mean a significant jump in penalty but if flaws can be picked in the case, the prior record could be dis-regarded. This could lower the potential months of disqualification significantly.
All sorts of other technical errors will be looked at to successfully defend the client. Areas that could be looked at are; the time that elapsed between the driving offence and request made for specimen of breath or blood, or maybe an error can be found in the way the officer in charge on the day handled the arrest. Any discrepancies in the case can be used to build a defence in a drug or drink driving charge.
Penalties to Expect for Drink Driving in Brisbane
With a guideline judgment in Queensland stating that; prison should not be considered unavailable even for first time high range drink driving offences, you need an experienced lawyer on your side to keep the courts from enforcing the toughest of penalty. The only way to stop your license being revoked is to have your charge revoked or to have yourself placed on bond.
If you do get charged and have a blood/breath alcohol concentration (BAC) of over 0.00 but under 0.05, you could face a suspension of your license of up to 3 – 9 months. 0.05 BAC and over but under 0.10, you can expect a 1 – 9 month disqualification. 0.10 and over but under 0.15, 3 – 12 months and 0.15 and over a minimum of 6 months suspension. Fines can range from $1,766 up to $3,532 and in the toughest of circumstances a prison term could be given ranging from 3 – 9 months.