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 on the Gold Coast or Brisbane is the length of disqualification they face. Actually, 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 drink and driving lawyers simply accept all of this as being proven without testing it. But at McMillan Criminal Law, our experience allows us to find flaws in 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.
Drink Driving Charges Defence
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 many years of experience on the Gold Coast and Brisbane 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, we also prepare and provides all of the common drink driving services such as
- Work licence applications
- Removal of disqualification periods
- 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 and 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 an experienced of 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 hand's someone who understands those laws and deals with them on a daily basis.
View a table outlining drink driving penalties you could be facing if caught in Queensland or New South Wales.
Drink Driving Lawyer Gold Coast, Brisbane & Northern NSW
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 our Gold Coast office on (07) 5574 0422 or submit an enquiry to discuss your options.