Drink Driving

Disqualification
In most Australian states, including NSW & the ACT, strict drink drive laws are in place, allowing police to perform random breath tests, and in some cases to suspend a person's licence on the spot. These laws carry minimum periods of disqualification from driving, ranging from 3-12 months for 1st offenders in NSW and 1-6 months in the ACT. All Court imposed disqualifications apply Australian wide, not just in the State where they are imposed. In some cases a Court may decide not to impose any disqualification for 1st offenders, either due to the low blood alcohol reading involved, or the length of time the person has been driving (for example 20 years). Due to the often harsh consequences of losing your licence, it is important to be represented by a lawyer who specialises in all criminal and traffic matters, and who can achieve the minimum disqualification in your case, or in some cases, no loss of licence at all.

Work licence/Interlock licence
In the ACT 1st offenders with a genuine need for a licence for work reasons or other special grounds such as pressing family reasons can apply to the Court for a restricted or work license if their blood alcohol reading is under 0.05 in the case of a special driver, or under 0.1 for a driver with a normal licence. For drivers in the ACT who are disqualified for certain other driving offences, such as driving disqualified or driving whilst suspended, you can also apply for a work licence if you are a first offender, and receive more than the minimum disqualification from the magistrate. However, you can only apply after you have served the minimum. If you are disqualified for a non-drink driving offence and only receive the minimum disqualification you cannot apply for a work licence. In NSW work licenses are not permitted by law. However, in some cases a person found guilty of drink driving can apply to a Magistrate for an interlock licence. An interlock licence involves having a special type of breathalyser fitted to your car by a RTA approved mechanic, which only permits your car to be driven once you have blown into the breathalyser and recorded an appropriate blood alcohol reading. It allows a person to drive at any time and for any purpose. However, it is only available after a person has already served a minimum period of disqualification from driving, which is shorter than the normal period applicable to a person sentenced by a Magistrate if in NSW. In the ACT a person can obtain an interlock licence immediately once sentenced, unless found guilty of level 4 (high range) drink driving or refuse or fail a breath or drug test, or the person is a habitual offender, in which case you must wait until you have served half of the period you were disqualified by the Magistrate. Substantial costs are also involved in the use of an interlock licence. More information regarding interlock licences can be found at the NSW RMS website or the ACT RTA. Because both work licences and interlock licences are not automatic, expert legal advice is strongly recommended in most cases.

Defending A Drink Drive Charge
It is a little known fact that a number of defences are potentially available in certain drink driving cases, which have been successfully used in Courts. These include cases where the person charged was not the driver of the vehicle, or was breathalysed more than 2 hours after they stopped driving, or where the person is parked in the driveway of their home. In a number of cases it is also possible to successfully challenge the accuracy of the police breathalyser, particularly where the person has no prior record and has credible evidence as to the amount of alcohol they consumed on the day or night in question, which could not have led to the blood alcohol reading recorded by the breathalyser. In such cases expert scientific evidence is required and often the person concerned must also give evidence in Court and have their evidence accepted by a Magistrate. Where the Court accepts that the breathalyser was faulty, the Court may either downgrade the charge, for example, from mid to low range, or dismiss the charge completely. Expert legal advice is required before deciding on whether or not to defend a drink drive charge.

Gaol Sentences
In recent years Courts have been imposing increasingly harsher penalties for drink driving offences, including, in some cases, gaol. Where a person has a prior record for drink driving, especially where those prior offences occurred within the last 5 years, or where they have been charged with high range drink driving, gaol is always a possibility. In some other cases a person found guilty of drink driving may be sentenced to either community service or weekend detention, depending on their record, and the seriousness of their charge. Such penalties are in addition to the period of disqualification from driving imposed by the Magistrate. Where a person is facing their first drink driving charge, for low or mid range drink driving, there is a possibility that with the right legal advice they can escape any disqualification, or other penalty. In many other cases a fine or good behaviour bond may be imposed by a Court for 1st offenders. Due to the harsh penalties sometimes imposed by Courts for drink driving offences, it is always advisable to be represented by a specialist criminal lawyer who can ensure that every effort is made on your behalf to secure the most lenient penalty possible.

Appeals
In any case where a person has been disqualified by a Court for a manifestly excessive period, or they have received some other harsh penalty, an appeal may be able to be made to the appropriate higher Court. Strict time limits apply in some jurisdictions, and different rules apply for appeals in different States, so it is necessary to obtain expert legal advice before lodging an appeal against the severity of your sentence.