Every state in Australia prohibits driving a car, truck, motorbike, boat or any other vehicle if you’ve consumed too much alcohol or any drugs.
Drink Driving in Queensland - What's the Penalty?
Obviously the real concern for anyone facing a DUI or drug driving charge is the length of disqualification they face. Factually, all sorts of things impact on the court’s starting point: the level of intoxicant found in the driver’s blood, the type of driving exhibited, the distance over which the vehicle was being driven, the nature and extent of the driver’s traffic history, etc.
Some lawyers simply accept all of this as being proven without testing it. But at McMillan Criminal Law our experience allows us to find flaws with these matters. For example, if a driver’s traffic history contains a drink driving entry on it within the last 5 years, the potential disqualification period jumps significantly. But, if the police do not treat that traffic history in accordance with the law prior to the sentence, a careful advocate can ask the court to effectively disregard it. That single act can save a driver many months of disqualification. It is something this firm considers in every drink or drug driving matter.
In other cases our clients simply cannot afford to lose their driver’s licence at all. That means we have to try to find any possible defence open to them. Unlike other firms, McMillan Criminal Law has experience in successfully raising all sorts of technical defences. In some cases that may involve a very careful calculation of the time that elapsed between the act of driving and the request made of the driver to provide a specimen of breath or blood. Or, in other matters, it could involve demonstrating that the officer who operated the breath analysis device was the same as that which initially required the driver to provide a specimen of breath. These types of unusual investigations can reveal errors that afford drivers a defence to a drink or drug driving charge.
Of course, this firm also prepares and provides all of the common drink driving services such as work licence applications, removal of disqualification periods, and lifting of suspensions.
What if I've been caught driving under the influence of drugs and need a drug driving lawyer?
Drink Driving Penalties NSW
There are cases however, where the disqualification period is not the greatest concern – particularly in New South Wales with cases of high range drink driving. Unlike Queensland, that State has what is called a ‘Guideline Judgment’ in place, stating that imprisonment should not be considered unavailable for even first offences of high range drink driving. So when faced with those types of matters I can rely on my thorough understanding of these cases and their application to demonstrate why prison is not right for my client.
Only a practitioner experienced with New South Wales law would know that they do not have work licences in that State. And, that the only way to retain your driver licence there is to encourage a court to either dismiss the charge or place you on a bond. Once again, the only way such a result can be obtained is to place your matter in the hands someone who understands those laws and deals with them on a daily basis.
Knowledge and experience are the only tools to use when so much is at stake. If you've been charged with a drink driving offence in Brisbane, the Gold Coast, Tweed or Northern NSW area, contact McMillan Criminal Law to discuss your options.
View a table outlining drink driving penalties you could be facing if caught in Queensland or New South Wales.
Drink Driving Cases in the News
Late-night Maccas run a costly undertaking for drink driver
A LATE-NIGHT Maccas run has turned into a costly undertaking for a 53-year-old man who was caught drink-driving in a McDonald's car park in Booval. At Ipswich Magistrates Court, Phillip John Scott pleaded guilty to driving over the middle alcohol limit. Police prosecutor Sergeant Jo Colston said police had seen Scott speed into the car park without any headlights on at 1.10am on May 23.
As a result Scott was stopped by police and breath-tested. He recorded a blood-alcohol reading of 0.107. A licence check revealed that in March a court had disqualified Scott from driving for three months. Scott told the court he was sorry about his decision to drink-drive and that he had made a "big mistake".
"I just wanted a burger but I can't go back on it now," he said. Read the full story
Man crashes car after allegedly drink driving at 170 kph with two children in car
A police patrol at Sleepy Hollow, just north of Brunswick Heads, spotted a silver Holden Clubsport allegedly travelling at a speed in excess of 170kph in the northbound lanes of the Pacific Highway. The patrol performed a U-turn and attempted to locate the Holden.
A short distance up the highway, officers found the car, which had been involved in a collision with a fence. A large amount of debris was scattered across the road which stopped all northbound traffic.
A woman, a 10-year-old girl and a 7-year-old boy were in the car at the time of the accident. The driver of the car was breath-tested at the scene and allegedly returned a positive reading for alcohol of 0.107 which is more than twice the legal limit. Read the whole story
The X Factor’s Luke Jacobz found guilty of second drink driving offence in 10 years
Jacobz, who appeared in a black suit and crisp white shirt, was convicted of mid-range drink driving, had his license disqualified for 12 months and was slapped with a $700 fine in Downing Centre Local Court this morning.
The X Factor host and former Home and Away star returned a mid-range blood-alcohol reading of .116 when police pulled him over and breath tested him on Anzac Parade at Moore Park about 11.20am on May 31.
He pleaded guilty to the charge. Magistrate Alexander Mijovich told Jacobz that despite testimonies which spoke “highly of him”, “the reality of it is I’m dealing with a serial offender.” Read the whole story
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